The electronic fund transfers (“EFTs”) that we may support are listed below. 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. You and we agree that in our relationship arising from these Account Terms: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) this arbitration agreement and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State of Tennessee. If a service we offer has a separate agreement, and there is a conflict between the terms of these Account Terms and the separate agreement, the separate agreement shall control. We may also exercise these rights against any Account beneficiary. Your periodic statement may be accompanied by items or a facsimile of those items listed on the statement, unless the item or an image of the item is unavailable for any reason. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. Posting Orders. We may change your address if we receive an address change notice from the U.S. Class Action and Jury Waiver. If we close your Account, we will notify you by mail, electronically or by telephone that we have closed your Account unless your Account has had a zero balance for thirty (30) days or more. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation to, ActiveHours Inc., dba EarninLegal Department200 Portage Ave.Palo Alto, California USA 94306. We do not always receive debits on the same day that you conduct them. A. 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. We will not be responsible for any indirect, special or consequential damages under any circumstances for our inability to provide copies of an item. PLEASE READ THIS SECTION IV (ARBITRATION AND WAIVERS) CAREFULLY. You may also arrange for recurring deposits, such as direct deposits, to be made electronically to your Account. Your periodic statement may be accompanied by items or a facsimile of those items listed on the statement, unless the item or an image of the item is unavailable for any reason. You agree to receive these calls and messages, including pre-recorded or auto-dialed calls. Except as provided by applicable law, you also agree that we will not be required to reimburse you for any Exceptions caused by your own negligence. The Account Terms may be supplemented or amended as set forth in Section V(E) (Miscellaneous Terms). 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. 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. You agree that we or our agents or service providers may contact you regarding any matter for any non-telemarketing reason using any kind of telecommunications technology at any email and telephone number you provide to us, including the phone number for your mobile device. E. Changes in Terms. State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Legal Department Court Processes and Claims Against your Account. How soon can I cash out after creating an account? "Together we're building a financial system that works for people" -Earnin, My payday and debit date are not the same. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us in writing and we determine in good faith there is a justifiable reason for doing so. Other Services and Conflicts. B. Earnin may offer you additional services through the Earnin Platform, pursuant and subject to the terms of service between you and Earnin (the “Services” and such terms of service, the “Earnin Terms of Service”). You acknowledge that data, including emails, may be accessed by unauthorized third parties when communicated between you and the Bank, using the Internet, telephone, or other electronic devices. 樂 Film a short 30-second video telling us how and you might get featured in one of our ads! Deposits. Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed will be handled the following business day. 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. This document, as amended or supplemented by the attached disclosures, (collectively, the “Account Terms”) contains the general terms, conditions and disclosures for the Evolve Bank & Trust transaction account (the “Account”) and constitutes an agreement between the Bank (as defined below) and you. You must provide us with the following information: (1) tell us your name and account number (if any); (2) 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; and (3) tell us the dollar amount of the suspected error. Please carefully review Earnin’s Privacy Policy for more information about its commitment to you, your privacy rights and who it shares data and information with. 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. 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. You agree to comply with applicable law and to not use your Account for illegal transactions or activities. Keep more of your money and enjoy life: avoid late fees, payday loans, and more with earnings payouts right from your phone - no fees or charges 2. Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities at the time of the call or communication. N. Section Headings and Successors. Not all accounts may be insured. You are not permitted to link your Account with a credit, debit, gift, or other type of card issued by a third party or another bank. As we mentioned before, Earnin pays you what you earn. Initiation of Arbitration. 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. You acknowledge and grant us the right to use any of the funds in your Account to cover any money you owe to us (a “right of set-off”). A. The Account statement will describe payments or transfers made in connection with your Account. Please note that transactions shown as processing have not been posted yet. M. Interest and Interest Rate. Four financial tools in one simple, easy-to-use app. You also agree that we may send text messages to any phone number for your mobile device you provide to us. Evolve is neither party to nor has control over your data provided or collected by Earnin in connection with its services. If you have Lightning Speed, the money will post to your account within minutes, even on weekends and holidays. Effective for existing customer (customers who joined prior to November 3, 2020) until December 3, 2020. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award. This means that we do not act as your trustee or financial advisor, and we don't assume any responsibility for your account beyond reasonable care. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. On payday, we’ll debit your account for the money you cashed out + tips. Account Type and Ownership. Holds include deposit holds and holds related to withdrawals and EFTs (as defined below). For purposes of determining the SIA applicable to your Account, you need to consider all accounts that you also hold at the Bank. This Section VII (Deposit Availability Disclosure) describes when funds will be made available to you. Transfer Limitations. All deposits are considered to be non-cash deposits. To determine SIA applicable to your Account with us and for any other FDIC insurance requirements that may apply, please visit the FDIC’s website at www.fdic.gov/deposit/deposits or call the FDIC directly at 1-877-ASKFDIC (1-877-275-3342). THESE ACCOUNT TERMS IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION. You must link your bank account at another financial institution (“Linked Account”) to your Account in order to transfer funds between your Linked Account and your Account. Notice of Varying Amounts. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. In the event that any court or tribunal of competent jurisdiction determines that any provision of these Account Terms is illegal, invalid, or unenforceable, the remainder of these Account Terms shall not be affected thereby. 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. ActiveHours Inc., dba Earnin References to the “Bank,” “we,” “us,” or “our” means Evolve Bank & Trust and any of its affiliates. How long does it take to receive the cash I request with Lightning Speed? We may refuse to follow any of your payment instructions if we think they are illegal or potentially harmful to us. We may report information about your Account to consumer reporting agencies, governmental agencies, and/or third-party data services. Our business days are (Monday through Friday). If a payment doesn’t post to your bank account, your Earnin account will be put on hold. You must notify us within six (6) months after we have sent or made your Account statement available to you if you identify any unauthorized, missing or altered endorsements on your items. We may also ask to see other identifying documents, such as a driver’s license. We reserve the right to monitor all Account activity for inappropriate use. If you attempt to make a deposit to an Account we closed, we may collect the deposit and set-off your indebtedness to us. The arbitration shall take place in the Federal judicial district in which you reside, unless the parties agree to a different location in writing. Non-payment: One unique part of Earnin could be the lack of non-payment charges. I recently received a paper check instead of direct deposit. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. 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. For specific information on unauthorized electronic fund transfers, please refer to Section VI (Electronic Fund Transfer Disclosure). 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. Reporting Information. We may refuse a withdrawal request exceeding the available funds in your Account even if you make a deposit later in the business day after we refuse your withdrawal request. If you initiate the arbitration, you must notify us in writing at: ActiveHours Inc., dba EarninLegal Department200 Portage Ave.Palo Alto, California USA 94306. Linking Accounts. Once we have closed your Account, you agree that we can assess any service charge otherwise applicable against any remaining balance in your Account. We reserve the right to close your Account if we determine that it is used for any impermissible purpose, as we may determine from time to time. We are not responsible for any misdirected data or disclosures that occur as a result of your use of third-party electronic communication channels. You can also use the FDIC’s Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie. What do my bank screenshots need to show when I send them to Earnin? Pay date and my cash out before my payday, we will send you a for... And binding, except for any damages you may suffer as a Account... Agreement with you or permitted by law, we will pay the fees and costs for the money you... Arbitration procedures are simpler and more limited than rules applicable in court there another way for me to set your! 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