Last Edited on January 24, 2019
These Flourish Terms of Service ("Terms") govern your access to and use of the Flourish website at FlourishSavings.com ("Website", "Site," "Flourish," "we," or "us"). Please read these Terms closely. By accessing or using the site or services, you agree to be bound by these Terms. There are additional documents linked within these Terms, please be sure to thoroughly review each item prior to agreeing to our Terms. You may not use the Website or Services, or accept these Terms, if:
(a) you are not of legal age to form a binding contract with Flourish;
(b) you are prohibited by law from receiving or using the Services; or
(c) you are not a U.S. resident of at least 18 years of age (or older if you reside in a state where the majority age is older);
(d) you do not have a bank account with a U.S. financial institution;
(e) you do not provide the necessary information requested by Flourish, such as your name, email address or mobile device number.
Flourish may change the Terms from time to time at its sole discretion by posting a notice of the change on the Website and Mobile Application ("App"), provided that if Flourish makes any changes that materially alter the terms by which the Services are provided, Flourish will also notify you by sending you an email to the last e-mail address you provided. Any changes to the Terms will be effective immediately. If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate this Agreement as described below. Otherwise, your continued use of the Services constitutes your acceptance of the changes. Please regularly check the Website or App to view the then-current Terms.
Overview
The Services enable you to earn non-monetary credits/tokens ("Flourish Coins") when you perform certain activities related to your personal finances (e.g. depositing money into the savings accounts you have connected to or opened through your Flourish Account, setting up a goal, inviting friends, logging into the app or completing your profile).
User Account
You must register for a user account ("Account") to access the Services. When you create an Account, you will be asked to select a unique username and create a password. We may require you to submit certain additional information to complete your registration. You represent and warrant that:
(a) all registration information you submit is truthful and accurate,
(b) you will maintain the accuracy of such information, and
(c) your use of the Services does not violate any applicable law. You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username. You agree (i) not to allow any third party to use your Account, username or password at any time and (ii) to notify Flourish promptly of any actual or suspected unauthorized use of your Account, username or password, or any other breach or suspected breach of these Terms. Flourish reserves the right to terminate your username and password if there are clear suspicions of unauthorized third party activity.
We offer you the ability to open and maintain two different types of accounts at Flourish (each a "Flourish Account"). One option is to register in the Flourish app by connecting an existing savings account ("read only" account type). The other option is to open a FBO account as part of the onboarding process through the Flourish app ("FBO Flourish account")
When you set up your profile via the Services, you will need to link at least one external financial account ("External Account") to your profile in order set up a Flourish Account. You represent and warrant that you have the right to control any External Account you sign into via the Services. The integration service enabling you to sign into an External Account via the Services is provided by our third party API providers (the "Integrators".) You authorize the Integrators, pursuant to your instructions, to access your External Account to perform the transactions you request within the Flourish App. If during the course of linking your External Account your profile is flagged for review by our compliance systems, you may be asked to upload documentation supporting your identity. You agree only to upload documentation that is current, accurate, and belongs to you.
You will be able to make six free withdrawals from your Flourish Account to your External Account monthly and unlimited additional withdrawals subject to a service fee. We may impose a $5.00 service fee for any withdrawal over the six free withdrawal limit. In addition, if we notice a pattern of deposits and withdrawals that we determine to be suspect, or not in the nature of building savings over time, we reserve the right to suspend access to the Services and to your funds in the Flourish Account until an investigation into your account activity can be completed and to terminate your use of the Services. Deposits into your Flourish Account may take up to 3-5 business days to process. During that time the funds will be unavailable for withdrawal or other use. You may obtain information about the balance of funds in your Flourish Account(s) at any time by logging in to your Flourish Account(s) on the Application.
If you decide to open a FBO Flourish Account the following additional terms will apply to your use of the Services, https://www.flourishsavings.com/terms-of-service
IP Ownership
As between you and us, the Site, the Services, the Site Content (excluding User Content), and any of Flourish’s proprietary technology, software, hardware, processes, algorithms, user interfaces, know-how, designs and other tangible or intangible technical material or information used by Flourish in providing the Services, and all intellectual property rights in each of the foregoing (the "Flourish Technology") is the exclusive property of Flourish or its suppliers. The information, data, results, ideas, plans, sketches, texts, files, links, images, photos, video, sound, inventions (whether or not patentable), notes, trademarks, logos, brand elements, works of authorship, feedback, or other materials ("Content") available on the Website (the "Website Content") are protected by copyright laws and we own or license all right, title and interest in and to the Website Content (excluding User Content). The look and feel of the Website are copyright © Flourish Savings. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Flourish Savings. Subject to the terms and conditions of these Terms, Flourish grants you a personal, limited, non-exclusive, non-transferable, and revocable license to (i) access the Services for your personal, non-commercial use and (ii) view the Site Content for your personal, non-commercial use. Flourish and its suppliers reserve all rights not granted in these Terms.
Restrictions
You agree that you will not:
(a) permit any third party to access and/or use the Service;
(b) access or attempt to access any other Flourish systems, programs or data that are not made available for public use;
(c) rent, lease, loan, sell access to, or otherwise exploit for any commercial purpose the Site, the Site Content or Services;
(d) except as expressly permitted under these Terms, copy, reproduce, republish, upload, post, transmit, resell, distribute or perform any Site Content;
(e) interfere with, disrupt, alter, translate, or modify the Site or Services or any part thereof;
(f) access or use the Site or Services in any manner that could damage, disable, overburden or impair any Flourish server or the networks connected to any Flourish server (including, without limitation, any third party websites that are linked to via the Services);
(g) work around any technical limitations in the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble, or otherwise reverse engineer the Services except as otherwise permitted by applicable law
(h) access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site or Services, or (iii) copy any ideas, features, functions or graphics of the Site or Services;
(i) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Site or Services;
(j) remove any copyright or other proprietary notices on any Site Content;
(k) cover or obscure any page or part of the Site, Site Content, or Services via HTML/CSS, scripting, or any other means;
(l) use, or encourage or permit others to use, the Site or Services to
1) stalk and/or harass another;
2) harm minors in any way;
3) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) forge headers or otherwise manipulate identifiers to disguise the origin of any Site Content posted on or transmitted through the Site or Services;
5) use the Site, Services or Site Content such that it will mislead a third party into believing that he or she is interacting directly with Flourish or the Services;
6) engage in any chain letters contests, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
7) market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Flourish.
Modification
Flourish reserves the right, at any time, to modify the Site Content, Application and Services or to modify, suspend, or discontinue the Site or Services or any part of the foregoing with or without notice. You agree that Flourish will not be liable to you or to any third party for any modification of the Site Content or Services or modification, suspension, or discontinuance of the Site or Services.
User Content
User Content. "User Content" means any Content provided, imported or uploaded to the Service by you or on your behalf via the Site. By uploading, distributing, or otherwise using your User Content with the Site or Services, you grant, and you represent and warrant that you have the right to grant, Flourish an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to use, host, store, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use the User Content, as necessary, for purposes of displaying the User Content on the Services or Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by Flourish or others, or any disclosure of your User Content that makes you or any third party personally identifiable.
Acceptable Content.
You represent and warrant that your User Content shall not
a) infringe any copyright, trademark, or patent;
b) misappropriate any trade secret;
c) be deceptive, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
d) contain any viruses, worms or other malicious computer programming codes able to damage the Site, the Services, or any data of the Services;
e) violate any law, regulation, or contractual obligation; or
f) otherwise violate these Terms or the rights of any third party.
Content Loss.
You are solely responsible to keep and maintain your own copy of all User Content that is provided to the Website. Flourish is not obligated to backup any User Content that is posted on the Website. Flourish therefore recommends that you create backup copies of any User Content posted on the Website at your sole cost and expense. You agree that Flourish may (but has no obligation to), in Flourish’s sole discretion, remove or modify any User Content which it deems to violate your representations and warranties in these Terms. You agree and acknowledge that Flourish has no obligation to retain the User Content, and may delete such User Content, at any time.
Feedback
Flourish will treat any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information ("Feedback") you provide as non-confidential and nonproprietary. Thus, in the absence of a written agreement with Flourish to the contrary, you agree that you will not submit to Flourish any information or ideas that you consider to be confidential or proprietary. You hereby irrevocably and unconditionally assign to Flourish all Feedback provided by you related to the Website, the Services, the Website Content or the Flourish Technology including all worldwide intellectual property rights in the foregoing.
Communications
When you visit the Site, Application or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and confirm that you can access and receive communications electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may update your email address by logging into your profile. A communication will be considered to be received by you upon our delivery.
Privacy
Our privacy practices with regard to the personal information that you provide to us are set forth in the Privacy Policy.
What are Flourish Promotions?
Flourish may from time to time administer, operate or run sweepstakes, contests and other promotions via the Services, to help incentivize savings-related activities. By participating in the Promotion, you accept and agree to be bound by the Official Rules and any other "Additional Sweepstakes" Rules (collectively the "Official Rules") that may be applicable to that individual Promotion. You must read the Official Rules prior to your participation in such Promotion. In the event of any conflict or inconsistency between these Terms and the Official Rules, these Terms will control.
Third Party Financial Institutions
Financial Institution Access information. You authorize Flourish (and its third party service provider) to contact the third party financial institutions designated by you ("Financial Institutions"), on your behalf, using certain information provided by you. You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access your Financial Institution accounts (collectively, "Financial Institution Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, "Account Data"). Flourish will consider all activities that occur under all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered on the Site or App using your Financial Institution Access Information to have been sent or authorized by you. Any Communications received through use of the Financial Institution Access Information is your responsibility. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any FI Access Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of FI Access Information has occurred. You must inform us of, and hereby grant to us and our third party service providers permission to use, FI Access Information to enable us to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
Financial Institution Services. In connection with your use of the Services and as part of the functionality of the Services, you may have access to certain online services that may be made available by your Financial Institution(s) ("FI Services"). The Services are designed to allow you to access FI Services -- if and to the extent provided by your financial institution(s)-- to set up banking information, download transactions into the Services and otherwise aggregate information from your account(s) with your Financial Institutions. You acknowledge and agree that we have no control over the provision of FI Services or provision of access to the FI Services by your Financial Institutions, do not guarantee that you will be able to use the Services with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the Financial Institutions resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access the FI Services.
Collection of Financial Institution Account Information. You acknowledge that in accessing the FI Services through the Services, your FI Access Information, and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "FI Account Data"), may be collected and stored in the Services or by our third party service provider. You authorize us and our third party service provider, in conjunction with the operation and hosting of the Services, to use certain FI Account Data to (i) collect your FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to your Financial Institutions, (iv) access the Financial Institutions' websites using your FI Account Data, (v) update and maintain your account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, (viii) transfer the FI Account Data to relevant Financial Institutions, as deemed necessary to provide the Services, and (vix) take such other actions as are reasonably necessary to perform the actions described in (i) through (viii). You hereby represent that you are the legal owner of your FI Account Data and that you have the authority to appoint, and hereby expressly do appoint, us and our third party service provider as your agent with limited power of attorney to (a) access and retrieve your FI Account Data on your behalf and (b) use your FI Access Data for purposes of providing the Services to you. You further acknowledge that neither we nor our third party service provider is responsible for the completeness or accuracy of your FI Account Data. Any transactions or informational activities performed at any Financial Institution's website are not made through the Services and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with Flourish’s (and its third party service provider’s) use of any FI Services.
Information from Financial Institutions' Websites. You acknowledge and agree that (i) some Financial Institutions may not allow the Services to access the FI Services, (ii) Financial Institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Services "refreshes" the FI Account Data by collecting the FI Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Services. If you see a discrepancy in the FI Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you should check the last refresh date for the account and confirm that FI Account Data is up to date and accurate.
Links to Third Party Websites
The Site may contain links to advertisements, web sites and services provided by third parties. Such third party advertisements, web sites and services are not under the control of Flourish. Flourish is not responsible for the content of any third party advertisements, web sites and services or any link contained in a third party advertisement, web site or service. Flourish provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party advertisements, web sites and services.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED FIFTY DOLLARS ($50).Financial Advice. FLOURISH IS NOT PROVIDING, AND THE SERVICES ARE NOT INTENDED TO PROVIDE, LEGAL, TAX OR FINANCIAL ADVICE. FLOURISH IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any financial decisions, you should seek additional information and advice from your own accountant or other financial advisers who are fully aware of your individual circumstances.
Referral Program
From time to time Flourish may run a user referral programs, allowing current users to invite potential users to Flourish. If a current user decides to participate in a referral program he or she understands and agrees that each referred user provided to Flourish must be a bona fide user who has not had a Flourish account within the last 180 days. A bona fide user must have a unique name, email address, phone number and a unique valid bank account, as determined in our records and cannot be referred to Flourish through any automated mechanism. Flourish reserves the right to distribute referral bonuses only upon a referred bona fide customer establishing their Flourish account and linking a unique valid bank account to their Flourish account. Flourish also reserves the right to investigate any suspicious or inappropriate activity relating to a referral and is not obligated to distribute any referral bonus if we determine, in our sole discretion, that a referral (i) was not made by and/or for a bona fide customer, or (ii) that the referring customer engaged in fraudulent or deceitful behavior in making a referral, including through automated means. Referral bonuses generally will be credited within three (3) weeks of the referral, but if we suspect a violation of these terms, we can delay distribution of a referral bonus for a longer period while we investigate the matter more carefully. If in our sole discretion we determine that a referral is not bona fide or the referring customer engaged in fraudulent or deceitful behavior, Flourish reserves the right to not distribute a bonus, or freeze the bonus in offending-customer’s Flourish Account pending verification that such referral was by or for a bona fide customer.
Flourish reserves the right to close any Account for violation of terms. Flourish reserve the right to terminate or change a referral program without notice; referral bonuses will be based on the then-current program in effect when a referred user successfully opens an Account. Neither a referring nor a referred user shall be deemed to have any economic or legal interest in a referral bonus until such referral bonus has been distributed to them by Flourish in accordance with these terms.
Copyright
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent:
Flourish Savings, Inc.
2261 Market Street #4466
San Francisco, CA 94114
(510) 473-6463
info@flourishsavings.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Termination
These Terms will continue to apply until terminated by either you or Flourish as set forth below (the "Term"). We may terminate these Terms at any time for any reason or no reason in accordance with the Rules by sending you an email to the address of record in your Account. In addition, these Terms of Service will automatically terminate upon any breach of these Terms by you. You may terminate these Terms at any time by (a) notifying Flourish at any time by sending an email to info@FlourishSavings.com with the subject "Termination of Terms of Service" and (b) closing your Account for the Services. Upon any termination of this Agreement, you shall promptly discontinue use of the Website and the Services and your Account and right to access and use the Services and Website will terminate immediately, including access to your User Content and the permanent forfeiture of any earned coins, plays or any other credits or awards. However, Sections of User Content, IP Ownership, Feedback, Warranty Disclaimers, Limitation of Liability, Termination, and General Provisions of these Terms will survive any termination of the Terms. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising from or relating to such termination.
Indemnification
You agree to indemnify and hold harmless our company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Arbitration Agreement & Waiver of Certain Rights
You and Flourish agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Flourish hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Flourish relating to these Terms or the Offerings (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flourish will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Flourish from seeking action by federal, state, or local government agencies. You and Flourish also have the right to bring qualifying claims in small claims court. In addition, you and Flourish retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Flourish may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Flourish’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with Flourish.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FLOURISH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
General Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of the state of California, without regard to conflict or choice of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the law of any other jurisdiction.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Francisco, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
If you have any questions about the foregoing, please contact us at the following email address: Info@FlourishSavings.com
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
