, SuKlover Holdings, Inc.
Terms of Service and Acceptance of Use
(Last revised October 1, 2019)
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Klover Holdings, Inc., its subsidiaries, affiliates, agents and assigns (“Klover”, “we”, “us”, or “our”) that sets forth the terms and conditions for your use of all of Klover’s websites and all mobile applications (collectively, the “Site”) and/or the products and services offered, operated or made available by Klover (collectively, the “Services”). The Site and Services are owned and operated by Klover. This Site and Services are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Klover, and this Agreement governs your use of the Site and the Services.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using this Site or Services or accessing any data thereon. If you do not agree to these terms, you may not access or use this Site or the Services.
To use this Site or the Services and to accept the Agreement, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Klover, 3) not prohibited by law from using the Site or the Services.
2. MODIFICATION OF THIS AGREEMENT
Klover reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Site or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Klover may terminate, suspend, change, or restrict access to all or any part of this Site or the Services without notice or liability.
4. ACCOUNT INFORMATION ACCURACY AND UPDATES
To access Klover’s Services, you must create an account with Klover (a “Klover Account”). This process will include creation of that a Login ID and password for your Klover Account. When you sign up for our Services, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the Services or otherwise requested by Klover n such information, “Account Information”). You further 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 use certain Services, Klover may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the Klover app, click on “Settings,” and update your Account Information accordingly.
Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Klover Account through some other means, you agree to notify us as soon as possible at [email protected]
5. THIRD-PARTY ACCOUNT INFORMATION
To use the Services, you may direct Klover to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). Klover works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you authorize Klover to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. Klover does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Klover is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
6. KLOVER’S PERSONAL FINANCIAL MANAGEMENT SERVICES
6.1 Overview of the Personal Financial Management Services
Klover offers several services to its users. These Services include “Financial Wellness Tools”, where we track your income and expenses, and we let you know about estimated upcoming bills and other expenses. Budget will monitor your linked bank account held at a depository institution (a “Bank Account”) and let you know when you’re in danger of overdrafting your Bank Account, helping you avoid overdraft fees.
7. THE ADVANCE SERVICE
7.1 Overview of the Balance Boost Service
Klover also provides advances based on your anticipated income (each, an “Boost”) as part of its “Balance Boost.” If we detect that you are likely to overdraft your Bank Account based on your previous Bank Account activity, we will alert you to the possibility of overdrafting your Bank Account through the Services. Eligible users will then be offered the opportunity to receive a free Advance of up to $150 to their Bank Account or debit card. You may also log into the Services and request a Balance Boost at any time.
You may also access Boosts without subscribing to the Personal Financial Management Services. In other words, you may access Advances without paying the Subscription Fee. To do so, please email [email protected] and state that you would like an boost without subscribing to the Personal Financial Management Services.
As noted above, all Balance Boosts are free and do not require a subscription.
7.2 Express Fees
You may request that Klover expedite disbursement of your Balance Boost by paying an optional fee of $7.49 (the “Express Fee”). While you can generally receive an Balance Boost within three (3) business days depending on processing times, if you choose to pay the Express Fee, the Balance Boost will be delivered to you within 24 hours. The amount of the Express Fee will be disclosed to you through the Services at the time you request a Balance Boost.
7.3 Advance Repayment
Advances are payable in one installment. We reserve the right to charge your Bank Account or debit card for Balance Boost repayment any time after the later of: (1) we see evidence of income (such as a paycheck) deposited into your Bank Account or (2) the pay back date selected by you through the Services. However, Klover warrants that it has no legal or contractual claim against you based on a failure to repay Balance Boost funds, but Klover will suspend your access to the Services until you repay an Advance in full. With respect to a failure to repay an Balance Boost, Klover warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Klover does not waive any rights regarding fraudulent activity, and Klover will pursue instances of fraud.
While Klover is helping users avoid overdraft fees, it is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your bank account. Klover monitors your balance and does its best effort to ensure you have sufficient funds before debiting your account, but Klover makes no warranties that an overdraft will not occur.
Express Fees are non-refundable.
9. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Personal Financial Management Service, you authorize Klover to electronically debit your Payment Method for the $0.00 (Free) Subscription Fee once each month. As applicable, you also authorize Klover to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $9.99. (Our policy is that no single debit will exceed $9.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) transactions as provided herein and will remain in full force and effect until you notify Klover that you wish to revoke this authorization by calling 1-888-982-9841 or emailing [email protected] You must notify Klover at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Klover Account. Failure to provide correct and complete information may make it impossible for Klover to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless Klover from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Klover of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Klover will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Klover that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Klover harmless from any claims by any other owner of the Bank Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
See Section 22 below for more information about your rights associated with electronic funds transfers.
11. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
11.1 Communications to Be Provided in Electronic Form
By choosing to use the Site or the Services from time-to-time you will receive disclosures, notices, documents, and any other communication about our Services, the Site, or Klover from Klover (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
11.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
11.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
11.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at [email protected] or writing us at Klover Holdings, Inc., 57 W Grand Ave, Suite 500, Chicago IL 60654. If you withdraw your consent, we reserve the right to limit or close your Klover Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to Klover such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to your Klover Account.
11.5 Updating Records
As noted above, you can update your Account Information in the Klover app or by emailing us at [email protected]
12. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Klover Account. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Klover and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
13. LIMITATIONS OF USE
You agree to use the Site and Services only for lawful purposes. You are prohibited from any use of the Services or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site or Services, including but not limited to unauthorized entry into Klover’s systems, misuse of passwords, or misuse of any information posted on the Site or through the Services is strictly prohibited. Klover makes no claims concerning whether use of the Site or Services is appropriate outside of the United States. If you access the Site or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Site or the Services or software making up the Site and Services, 2) navigate or search the Site or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Klover’s provided interface to access the Site or the Services, 4) use the Site or the Services in a way that could impair, overburden, damage, or disable any portion of the Site or Services, or 5) mirror any material contained on the Site or the Services.
Klover reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Klover also reserves the right to take action to protect Klover, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Site or the Services, 3) suspending or terminating your ability to use the Site or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 7.3 Advance Repayment, Klover will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of Klover’s damages caused by your violation of this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
The Site and the Services are owned and operated by the Klover. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, 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 and the selection and arrangement thereof (collectively, the “Klover Materials”) are owned exclusively by Klover or the licensors or suppliers of Klover and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Klover Materials displayed on the Site or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Klover Materials found on the Site or the Services unless in accordance with written authorization by us. Klover prohibits use of any of the Klover Materials as part of a link to or from the Site or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Klover Materials, or whether any mark or logo is a Klover Material, should be referred to Klover. All rights related to the Klover Materials are hereby reserved.
You agree that the Klover Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Klover. You acknowledge that the Klover Materials are and shall remain the property of Klover. You may not modify, participate in the sale or transfer of, or create derivative works based on any Klover Materials, in whole or in part.
Klover may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site or the Services at any time, with or without cause, in Klover’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site or the Services.
Klover further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Site or Services at any time with or without notice.
16. DISCLAIMER OF WARRANTIES
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KLOVER AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “KLOVER PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE KLOVER PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE KLOVER PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
17. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS
KLOVER DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SITE OR THE SERVICES. KLOVER IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. KLOVER ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. KLOVER WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. KLOVER DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, KLOVER IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND KLOVER IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. KLOVER IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
18. LIMITATION OF LIABILITY
THE KLOVER PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES, THE KLOVER MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF KLOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE KLOVER PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT WILL THE KLOVER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Klover Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Site or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Klover reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Klover.
20. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED BELOW.
20.1 Election to Arbitrate. You and Klover agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 20 (the “Arbitration Provision”), unless you opt out as provided in section 20.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
20.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to [email protected], within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
20.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to [email protected] at any time.
20.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
20.6 Arbitration Fees. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
20.7 Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
20.8 No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 20.8 , and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
20.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 20.8 are finally adjudicated pursuant to the last sentence of section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
20.10 Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Klover agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cooke County, Illinois. Both you and Klover consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.11 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
21. GOVERNING LAW AND VENUE
Except for section 20 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of Ilinois, without regard to conflict-of-law rules.
22. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Bank Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Bank Account or debit card.
- Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Bank Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone, website or mobile application.
- Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Bank Account to pay the Subscription Fee.
- Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Klover Account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
22.2 Your Liability.
- Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
- Unauthorized Transfers: Tell us at once if you believe your Login ID or password has been lost or stolen or if your Klover Account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Bank Account(s).
- If you tell us within four (4) business days after learning of the loss or theft of your Login ID or password for your Klover Account or after learning of any other Unauthorized Electronic Fund Transfers associated with your Klover Account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your Klover Account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
- If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 22.9 may be extended for a reasonable period.
22.3 Business Days. For purposes of this Section 22, Klover business days are Monday through Friday. Holidays are not included.
22.4 Types of Transfers; Limitations. You may use the Services to request and receive Advances to your Bank Account or a debit card, to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Klover, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Services you may also authorize recurring preauthorized Electronic Fund Transfers from your Bank Account or debit card to pay for the Subscription Fee. See Section 9 for more information about stopping payment of preauthorized Electronic Fund Transfers.
22.5 Fees. Klover charges no fees to access an Advance. However, you may choose to pay an Express Fee to expedite an Advance as set forth in section 7.2
22.6 Documentation. We will email a confirmation receipt to you for each Electronic Fund Transfer made through the Services. In addition, your Klover payment history can be viewed within the Klover app by navigating to the “Account Settings” page and tapping “Account” or “Advances,” depending on the type of transactions you seek to view. You are responsible for reviewing your receipts and payment history and maintaining copies for your records.
22.7 Our Liability. See Section 16 and 18 above. If Klover does not debit or credit your Bank Account or debit card in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Bank Account or debit card to make a payment.
- If the Bank Account or debit card you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
- If the Services were not working properly and you knew about the problems when you started your payment.
- If we cannot complete a payment due to fraud or attacks on our systems or the Services.
- If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
- There may be other exceptions stated in our Agreement with you.
22.8 Confidentiality Related to Electronic Fund Transfers. We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
- Where it is necessary for completing the Electronic Fund Transfers; or,
- In order to comply with government agency or court orders; or,
- If you give us written permission; or,
22.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, telephone us at 888-982-9841, write us at Klover Holdings, Inc., 57 W Grand Ave, Suite 500, Chicago IL 60654, or email us at [email protected] If you think your Bank Account statement, receipt or payment history within the app is wrong, or if you need more information about a transfer listed on the statement, receipt, or within the app, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
- Tell us your name and phone number associated with your Klover Account.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new Klover Accounts, we may take up to 90 days to investigate your complaint or question. For new Klover Accounts, we may take up to 20 business days to credit your Klover Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE KLOVER SERVICES MUST BE DIRECTED TO KLOVER, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below:
Klover Holdings, Inc.
57 W Grand Ave, Suite 500
Chicago, IL 60654
Email: [email protected]
IF YOUR LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Klover does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Klover has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
25. GENERAL PROVISIONS
This Agreement is the entire understanding and agreement between you and Klover. This Agreement supersedes any previous Terms of Service agreement or other agreement to which you and Klover may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
26. CONTACTING US
If you have questions regarding the Agreement or the practices of Klover, please contact us by e-mail at [email protected] or by regular mail at Klover Holdings, Inc. 57 W Grand Ave, Chicago IL 60654