We may provide this notice to you on or with your statement, by mailing the notice to you directly or by posting the notice on the Earnin Platform. 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. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation to  In the case of an individual Account, if we have reason to believe the Account owner has died or has been declared legally incompetent, we may place a hold on the Account to retain funds and refuse to accept deposits or to permit withdrawals until we know and have verified the identity of the successor. We generally subtract from your Account balance the following debits, when the transaction occurs after the cutoff time for the business day, but during the same calendar day: any credit-push ACH Transfers of EFTs. You also agree that we may send text messages to any phone number for your mobile device you provide to us. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. What should I expect with Cash Back Reward Offers? Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (Federal or state) claims. In the event that payment(s) have failed to post to your bank account, your Earnin account will be put on a temporary hold. 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. A “claim” or “dispute,” as used in this Section IV (Arbitration and Waivers), is any unresolved disagreement between you and us, arising from or relating in any way to the Account or these Account Terms. In the event we receive written notice from a personal representative, executor, administrator, conservator or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law. 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. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. Can I still cash out? The Account statement will describe payments or transfers made in connection with your Account. We do not charge any fees for your Accounts. If we exercise our security interest or right to set-off, we will notify you to the extent required by applicable law. The decision of the arbitrator is final and binding. Electronic fund transfers are subject to different time periods for notification of errors. Palo Alto, California USA 94306. The posting order for these transactions is determined at the end of the day, with the other transactions we receive for that day and based on the category. Your Account is subject to a daily aggregate $10,000 transfer amount. Business Days. Earnin | 4,659 followers on LinkedIn. 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. 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. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. We can close your Account at any time, for any reason, without advance notice. 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”). If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. When you enroll in this feature, Earnin will send $100 from your paycheck to your bank account automatically whenever the app notices that your balance has fallen below $100. If we have any tax liability because of paying your balance to your estate, the estate will be responsible for repaying us the amount of that tax. This is a great way to prevent your account from going negative so you never have to deal with overdraft fees. All actions relating to your Account, including these Account Terms, will be governed by the laws and regulations of the United States and the State of Tennessee (to the extent that laws of the State of Tennessee are not preempted by Federal law). Confidentiality. You will not receive any written confirmation of the establishment of the Sub-Deposit Account, nor will you receive any statements, receipts or other documentation concerning the Sub-Deposit Account. 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. At Earnin, we strive to inspire fairness in the financial world. Please see our Privacy Notice for your choices about information sharing. Calls and Messages. There are two ways: 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 agree that any act or omission made by us in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in the State of Tennessee, or any rule or regulation of the State of Tennessee or a federal agency having jurisdiction over the Bank, shall constitute ordinary care. Take back control of your finances with Earnin. We have no obligation to monitor, review or evaluate the legality of any transaction. 3. H. Assignment. 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. Availability of ACH Transfer and EFT Deposits. 200 Portage Ave. | Earnin’s mission is to build a financial system that works for people. You cannot give a security interest or pledge your Account to someone other than us. What do I do? To the fullest extent permitted by law, we will not have any liability in connection with the Services and disclaim all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses related to the Services. We may tell you in advance when we are going to refuse a withdrawal request but will not be required to do so. You may ask for copies of the documents that we used in our investigation. Evolve is neither party to nor has control over your data provided or collected by Earnin in connection with its services. Balance Shield alerts and Balance Shield Cash Outs. Our records regarding your Account will be deemed correct unless you timely establish with us that we made an error. Posting a credit increases your balance, while posting a debit or hold reduces your balance. Money-savers: Lightning Speed delivers debit cashouts instantly. N. Section Headings and Successors. 4. Voluntary tip of up to $14 per cash withdrawal Turnaround. To open an Account, you must provide any information we may request from time to time. D. Excluded Claims. We subtract debits in a category from your balance in order from the highest to lowest dollar amount, unless specified otherwise herein. Business Days. Earnin is authorized by you to debit the Account and to transfer funds from the Account into your Linked Account. We will require proof of death or adjudication of incompetence. You consent to us opening and maintaining the Sub-Deposit Account as your agent and custodian and placing funds with our Trust Department, the Federal Reserve Bank or any insured depository institution partnering with us. Earnin gets the money that you borrowed back by debiting your bank account on payday. 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. This Section VIII (Deposit Availability Disclosure) describes when funds will be made available to you. If you initiate the arbitration, you must notify us in writing at: ActiveHours Inc., dba EarninLegal Department200 Portage Ave.Palo Alto, California USA 94306. 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. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. If we fail to exercise or waive a right with respect to your Account on one or more occasions, it does not mean we have waived, or are obligated to waive, the same right on any other occasion. Any action against us must be brought within the period that the applicable law requires us to preserve records, unless applicable law or this agreement provides a shorter limitation period. We will consider these Account Terms as your consent for us asserting our security interest or exercising our right of set-off should any laws governing your Account require your consent. Different rules may apply to electronic fund transfers. All such damages and losses for a failure to make a transfer will have to be actual proven damages. You agree that any act or omission made by us in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in the State of Tennessee, or any rule or regulation of the State of Tennessee or a federal agency having jurisdiction over the Bank, shall constitute ordinary care. 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. Then you pay a “tip” on top of the withdrawal- … Claims also include disagreements about the meaning, application or enforceability of this arbitration agreement. 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). The term “Account,” for purposes of arbitration, includes any updated or substitute Account for you. Our business days are (Monday through Friday) (Monday through Saturday) (any day including Saturdays and Sundays). How much does Balance Shield Cost if the Cash Out is less than $100? PLEASE CAREFULLY READ SECTION IV (ARBITRATION AND WAIVERS). Then, all that’s left to do is start entering in your earnings. Credits and withdrawals to your Account that are handled electronically as an ACH Transfer. The Account is available to United States citizens or lawful permanent residents with a U.S. physical address or with military addresses (APO or FPO) who are at least 18 years old with a valid Social Security Number. Linking Accounts. Linking Accounts. If you’re considering using the Earnin app to get a cash advance on your next paycheck, here are a few more things to know. Defaults on your Account may be reflected in your consumer report. ActiveHours Inc., dba Earnin Subject to applicable law, you may not give another person (called an “attorney in fact”) authority to act on your behalf, unless permitted by us. Not all accounts may be insured. You agree that, to the greatest extent permitted by law, we are not liable for Services. In no event shall we be liable for: (1) damages caused other than by our own gross negligence or intentional misconduct; or (2) indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy) arising out of or in any way related to the use of or inability to use the Services, even if we have been advised of the possibility of such damages. Credits include deposits and credits we make. For specific information on unauthorized electronic fund transfers, please refer to Section VI (Electronic Fund Transfer Disclosure). Fees. If there is a hearing, we will pay the fees and costs for the first day of that hearing. Waiting period: It can take up to 72 hours to activate your account after you sign up. D. Deposits. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This means that: (1) you must keep us supplied with your valid email address and telephone number; and (2) you must agree to accept electronic delivery of all communications that we need or decide to send you. In any event, no such waiver or delay by us is effective unless it is in writing and approved by us. Any levy, attachment, or other legal process will be subject to our right of set-off and security interest. B. If we close your Account, all collected funds (less any amounts due to us or for debits in process) will be transferred to your Linked Account. The external account that you are depositing funds into must be at an external bank located in the U.S. C. Internal Transfer Between Accounts at the Bank. Monitoring and Closing Your Account. 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 you timely report an Exception, we will investigate the Exception. You must notify us within thirty (30) days after we have sent or made your Account statement available to you of any Exception on your Account. Your Account is a non-interest bearing Account. 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). However, we may charge or change fees  at any time and without notice to you, unless required by law. The Sub-Deposit Account may also be transferred to another institution by us or any Insured Depository Institution that holds the Sub-Deposit Account at any time without notice to you. If you close your Account you are responsible for transactions you initiated or authorized, including those that we receive after the Account is closed. We will automatically reschedule the payment(s) on a future payday or once you have a high enough bank balance. 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. You agree to receive these calls and messages, including pre-recorded or auto-dialed calls. My direct deposit was delayed/posted early. In the event we receive written notice from a personal representative, executor, administrator, conservator or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law. First, we start with the balance in your Account at the beginning of the business day, subtract holds from your balance, and make any adjustments from prior days. Continuation and Severability. Is there another way for me to set up my account? What do my bank screenshots need to show when I send them to Earnin? P. Power of Attorney/Agents. C. Opting Out. The headings in these Account Terms are only for convenience and do not in any way limit or define your or our rights or obligations under these Account Terms. This document, as amended or supplemented by the attached or referenced 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. We may also ask to see other identifying documents, such as a driver’s license. You agree to appoint Evolve as your agent and custodian so that we may open the Sub-Deposit Account and transfer, as your agent, funds you have deposited between your Account and the Sub-Deposit Account at our discretion. We all deserve something better. No Waiver of Rights. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders unenforceable any provision hereof, and to the extent that such waiver is not permitted by applicable law, the parties intend that such provision be interpreted as modified to the minimum extent necessary to render such provision enforceable. When a deposit is made to your Account, the funds may not be available immediately. 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. In the event that payment(s) have failed to post to your bank account, your Earnin account will be put on a temporary hold. 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. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. Unless we agree to in writing, we are not required to honor orders and instructions concerning your Account by an attorney in fact for any Account Owner, or by a personal representative, guardian, conservator, or custodian of an account owner. Subject to the terms herein, you can close your Account at any time and for any reason by contacting us or terminating the Account through the Earnin Platform, if applicable. Electronic Fund Transfers Disclosure. These Account Terms will be binding on your personal representatives, executors, administrators, and successors. 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 HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS SET FORTH BELOW. You make a withdrawal of up to $100 per day based on the hours you actually worked. We may change these Account Terms, or any fees and features of your Account, at any time. We may terminate acceptance of a power of attorney at any time and for any reason and without notice to you. To the fullest extent permitted by law, you agree to pay for any item or transfer that you authorized, even if the transaction related to that item or transfer is determined to be illegal. All Accounts are opened at the Tennessee branch office of the Bank. Delays. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. You can set your account to automatically deposit up to $100 (assuming you have wages available for withdrawal) once your bank account drops below $100. 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. Please see the Evolve Bank & Trust Electronic Communication Consent for additional details. Simply provide you with the software information about your environment that is working and your hard earned money, and Earnin will monitor their times in order to quickly access your wages. We are not liable for any damages or liabilities resulting from refusal of an Account relationship. Your account will become active again once the payment(s) are successful. 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. We will not be liable if your attorney in fact exceeds his or her powers or does not comply with your instructions or applicable law. If a payment doesn’t post to your bank account, your Earnin account will be put on hold. You represent and warrant: (1) that you have the right to authorize any and all charges and debits to the Linked Account; (2) the Linked Account is held at a depository institution located in the U.S.; and (3) you are individually or jointly the owner of the Linked Account. L. Sub-Deposit Accounts. 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. We do not accept requests made otherwise to initiate internal transfers. #financialfreedom We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available. 2. 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. During the day, we show some transactions as processing. My bank balance and transactions can't fit in one screenshot. Q. You hereby consent to such release of information. Withdrawals from your Account may be restricted prior to Account closing. 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. Limitation of Liability. Resolved: Account problem. We may exercise our security interest or right of set-off without prior recourse to other sources of repayment or collateral, if any, and even if such action causes you to lose interest, incur any penalty or suffer any other consequence. Holidays are (not) included. Deposits are made available based on Section VIII (Deposit Availability Disclosure). The external account that you are depositing funds into must be at an external bank located in the U.S. Severability. Holds include deposit holds and holds related to withdrawals and EFTs (as defined below). The purpose of this Section VI (Electronic Fund Transfer Disclosure) is to inform you of some of the electronic banking services and also provide you with disclosures applicable to the services. 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. You may deposit funds into your Account by using the an Automated Clearing House transfer (“ACH Transfer”). We will not be liable for the Exceptions in this Account statement. 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. Earnin may also offer Services in connection with your Account to allow you to provide us with payment instructions and to view certain Account information using the Earnin Platform. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Day of Deposits. How long does it take to receive the cash I request with Lightning Speed? ACH Transfer Initiated by an External Bank or Through a Third Party. The Account may not be opened as a joint account. For purpose of these Account Terms, the term “Account” may also collectively include Sub-Deposit Accounts. For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. Earnin works on a pay-as-you-can model. I don't have a pay stub. This section summarizes how we generally post some common transactions to your Account. 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. If we have any tax liability because of paying your balance to your estate, the estate will be responsible for repaying us the amount of that tax. In any event, no such waiver or delay by us is effective unless it is in writing and approved by us. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by these Account Terms, the forum’s rules, or applicable law. I recently received a paper check instead of direct deposit. You must notify us through the Earnin Platform of any change of address, email address or phone number or any material change to information you provided us in your application to open an Account. Bank is not responsible for any fees charged by Earnin for its Services. If the law imposes conditions or limits on our ability to take or set off funds in your Account, to the extent that you may do so by contract, you waive those conditions and limits, and you authorize us to apply funds as we deem applicable. Balance Shield Cash Outs send up to $100 of your earnings directly into your account to help avoid the chance of overdrafts. In that capacity, Earnin may perform our obligations or enforce our rights under these Account Terms on our behalf. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. I didn’t receive earnings after using my work email to send an email to Earnin. Reimbursement for Losses. If Earnin attempts a debit and it doesn’t work, all that happens is that your account will go on hold and you’ll get an email asking you to solve the problem before you cash out again. 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. 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. Timely report an Exception within the time frames specified herein, your Account ACH... Attorney at any time and for any reason, or against, a named party EFTs ACH. Or internet gambling into your Account for any deposit you mail to us ” for purposes determining. Or disclosures that occur as a condition to making a claim BETWEEN you and us for! Wo n't allow me to set up your Earnin earnin account on hold will be considered correct we are not responsible any. 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