Homebase Cash Out Terms of Service
(Last revised January 14, 2020)
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Pioneer Works, Inc. d/b/a Homebase, its subsidiaries, affiliates, agents and assigns (“Homebase”, “we”, “us”, or “our”) that sets forth the terms and conditions for your use of the Cash Out service (the “Service”). The Service is owned and operated by Homebase. This Service being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Service, 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 Homebase, and this Agreement governs your use of the Service.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 18 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the Service or accessing any data thereon. If you do not agree to these terms, you may not access or use the Service.
To use the Service 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 Homebase, 3) not prohibited by law from using the Service.
2. MODIFICATION OF THIS AGREEMENT
Homebase reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement through the Service. You should check this Agreement 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 Service after any change to this Agreement constitutes your agreement to be bound by any such changes. Homebase may terminate, suspend, change, or restrict access to all or any part of the Service without notice or liability.
4. ACCOUNT INFORMATION ACCURACY AND UPDATES
To access the Service, you must create an account with Homebase (a “Homebase Account”). This process will include creation of that a Login ID and password for your Homebase Account. When you sign up for our Service, 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 Service or otherwise requested by Homebase 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 Service.
In order to use the Service, Homebase 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 Service.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, please contact firstname.lastname@example.org.
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 Homebase Account through some other means, you agree to notify us as soon as possible at email@example.com.
5. THIRD-PARTY ACCOUNT INFORMATION
To use the Service, you may direct Homebase 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”). Homebase works with one or more third-party service providers, to access this Third-Party Account Information. By using the Service, you authorize Homebase 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. Homebase does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Homebase 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 Service will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
6. HOMEBASE’S CASH OUT SERVICE
6.1 Overview of Cash Out Service
Homebase provides advanced access to money based on your anticipated income (each, an “Advance”) as part of its “Cash Out Service.” Eligible users will be offered the opportunity to receive a free Advance of up to $250 to their Bank Account. You will not be eligible to receive an Advance in an amount that is greater than your anticipated income based on hours worked. You may log into the Service and request an Advance at any time. You must affirmatively choose to receive an Advance. All Advances are provided without any required fees.
6.2 Instant Fees
You may request that Homebase expedite disbursement of your Advance by paying an optional fee of $3.99 (the “Instant Fee”). While you can generally receive an Advance within three to four (3-4) business days depending on processing times, if you choose to pay the Instant Fee, the Advance should be delivered to you within 2 hours. The amount of the Instant Fee will be disclosed to you through the Service at the time you request an Advance.
Advances are payable in one installment. We reserve the right to charge your Bank Account or debit card for Advance repayment any time on or after your regularly scheduled payday as indicated to you when you requested the Advance. However, Homebase warrants that it has no legal or contractual claim against you based on a failure to repay Advance funds, but Homebase may suspend your access to the Service. With respect to a failure to repay an Advance, Homebase 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. Homebase does not waive any rights regarding fraudulent activity, and Homebase will pursue instances of fraud.
While Homebase schedules repayments on your regularly scheduled payday to help ensure you have the money to pay back the advance, Homebase makes no warranties that an overdraft will not occur. Accordingly, Homebase 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.
6.4 Use of Synapse as Service Provider
Instant Delivery Fees are non-refundable.
8. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
8.1 Communications to Be Provided in Electronic Form
By choosing to use the Service from time-to-time you will receive disclosures, notices, documents, and any other communication about our Service or Homebase from Homebase (“Communications”). We can only give you the benefits of our Service 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.
8.2 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.
8.3 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.
8.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you withdraw your consent, we reserve the right to limit or close your Homebase Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
8.5 Updating Records
As noted above, you can update your Account Information by emailing us at email@example.com.
9. 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 Service and/or Homebase 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. Homebase 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.
10. LIMITATIONS OF USE
You agree to use the Service only for lawful purposes. You are prohibited from any use of the Service 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 Service, including but not limited to unauthorized entry into Homebase’s systems, misuse of passwords, or misuse of any information posted through the Service is strictly prohibited. Homebase makes no claims concerning whether use of the Service is appropriate outside of the United States. If you access the Service 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 Service or software making up the Service, 2) navigate or search the Service with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Homebase’s provided interface to access the Service, 4) use the Service in a way that could impair, overburden, damage, or disable any portion of the Service, or 5) mirror any material contained on the Service.
Homebase 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 Homebase also reserves the right to take action to protect Homebase, other users, and other third parties from any liability, fees, fines, or penalties. We may 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 Service, 3) suspending or terminating your ability to use the Service on an ongoing basis, 4) taking legal action against you (note, as described in Section 6.3 Advance Repayment, Homebase will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of Homebase’s damages caused by your violation of this Agreement.
Homebase also reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
11. INTELLECTUAL PROPERTY RIGHTS
The Service is owned and operated by the Homebase. 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 “Homebase Materials”) are owned exclusively by Homebase or the licensors or suppliers of Homebase 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 or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Homebase Materials displayed on or through the Service, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Homebase Materials found on or through the Service unless in accordance with written authorization by us. Homebase prohibits use of any of the Homebase Materials as part of a link to or from the Service unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Homebase Materials, or whether any mark or logo is a Homebase Material, should be referred to Homebase. All rights related to the Homebase Materials are hereby reserved.
You agree that the Homebase 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 Homebase. You acknowledge that the Homebase Materials are and shall remain the property of Homebase. You may not modify, participate in the sale or transfer of, or create derivative works based on any Homebase Materials, in whole or in part.
Homebase may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Service at any time, with or without cause, in Homebase’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Service: 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 Service.
Homebase further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Service at any time with or without notice.
13. DISCLAIMER OF WARRANTIES
THIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEBASE 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 “HOMEBASE PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF 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 HOMEBASE 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 OR THROUGH THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE HOMEBASE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THAT THE SERVICE IS 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.
14. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS
HOMEBASE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SERVICE. HOMEBASE IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. HOMEBASE 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.
15. LIMITATION OF LIABILITY
THE HOMEBASE 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 SERVICE, THE HOMEBASE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE, EVEN IF HOMEBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HOMEBASE 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 SERVICE. IN NO EVENT WILL THE HOMEBASE 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 SERVICE.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Homebase 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 Service; (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. Homebase 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 Homebase.
17. 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 IN SECTION 18.3 BELOW.
17.1 Election to Arbitrate.
You and Homebase agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 18 (the “Arbitration Provision”), unless you opt out as provided in section 18.3 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 18.8 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.
17.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers.
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.
17.3 Opt-Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to firstname.lastname@example.org, 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.
17.4 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@example.com at any time.
17.5 Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Service (“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.
17.6 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.
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.
17.8 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 18.8 , 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 18.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
17.9 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 18.8 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 18.8 are finally adjudicated pursuant to the last sentence of section 18.8 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.
17.10 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 Homebase agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Houston, TX. Both you and Homebase consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
17.11 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.
18. GOVERNING LAW AND VENUE
Except for Section 18 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
19. 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 to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, 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, direct deposits into or withdrawal of funds out of your account.
19.2 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 account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) 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 access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section 19.2 may be extended for a reasonable period.
19.3 Business Days.
For purposes of this Section 19, Homebase business days are Monday through Friday. Holidays are not included.
19.4 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, and to pay the Instant Delivery Fee as applicable. Any limitations regarding Advance amount, or Instant Delivery Fee amount will be displayed to you through the Services.
Homebase charges no fees to access an Advance. However, you may choose to pay an Instant Delivery Fee to expedite an Advance as set forth in Section 6.2.
We will email a monthly account statement to you identifying each Electronic Fund Transfer made through the Services. In addition, your Homebase payment history can be viewed by accessing your account on our mobile app. You are responsible for reviewing your monthly account statement and maintaining copies for your records.
19.7 Our Liability.
See Sections 14 and 16 above. If Homebase 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.
19.8 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,
19.9 Errors or Questions about Transactions.
Please contact us by emailing us at firstname.lastname@example.org or 415-530-2863, (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
19.10 Time Periods.
- Ten-Day Time Period: Homebase will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Homebase shall report the results to the consumer in writing within three business days after completing its investigation. Homebase shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period: If Homebase is unable to complete its investigation within 10 business days, Homebase may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Homebase does the following:
- Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Homebase need not provisionally credit the consumer's account if: Homebase does not receive written confirmation within 10 business days of an oral notice of error; or the alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
- Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
- Corrects the error, if any, within one business day after determining that an error occurred; and
- Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
19.11 Extension of Time Periods.
- Extension of Ten-Day Time Period: The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
- Extension of Forty Five-Day Time Period: The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
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 Homebase does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Homebase 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.
22. GENERAL PROVISIONS
This Agreement is the entire understanding and agreement between you and Homebase. This Agreement supersedes any previous Terms of Service agreement or other agreement to which you and Homebase 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.
23. CONTACTING US
If you have questions regarding the Agreement or the practices of Homebase, please contact us by e-mail at email@example.com.
Bank services are provided through our banking software provider, Synapse. To report a complaint relating to the bank services, email firstname.lastname@example.org.