Updated as of 06/10/2022
Please read these terms carefully. If you do not agree to them you must not use the Site or Service.
THIS AGREEMENT CONTAINS:
- A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION(9;
- A CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 4); AND
- A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 3)
1. Your Use Of True Link's Service
1.1 Binding Contract
You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by True Link.
1.2 Modifications to this Agreement
We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the Site. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
1.3 Your Accounts and Account Information from Third-parties Integrated with our Service
In order to provide a more efficient Service, TrueLink has partnered with third-party service providers to access information related to your accounts that you may currently have with financial institutions or providers (“Account Information” related to “Third-Party Accounts”). By entering your login details such as usernames and passwords “Login Details” for your Third-Party Accounts, these third-party service providers can access your Account Information and then provide it to True Link or the Bank Issuer. By entering your Login Details, you consent to third party service providers accessing your Third-Party Accounts so that True Link can share the relevant information with third parties who are providing you services through your use of Our Services. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third party providers as part of the Service. You acknowledge and agree that we have no control over the provision of third party service provider’s services and have no liability whatsoever for any actions or inactions on the part of those third-party service providers resulting in your inability to use the Service to access your accounts, obtain data, download information or otherwise access the Service.
1.4 No Recommendations or Professional Advice
Nothing provided on the Site should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, investment, tax, or legal recommendations or advice or other professional advice). Nothing contained on this Site shall be construed as an offer or solicitation to buy or sell securities. We encourage you to consult the appropriate professional for your specific circumstances.
1.5 True Link Accounts
When using our Service you may be required to establish an account (“Account”). You agree to the following requirements pertaining to the Account:
YOUR INFORMATION MUST BE ACCURATE AND CURRENT: You agree to provide true, accurate and complete information as prompted by the Service and all forms you access through the Service. You agree to update the information you provide through the Service in the event the information you provided changes in order to maintain its truthfulness, accuracy and completeness.
ACCOUNT SECURITY: You must keep your Account password secure. You must notify True Link immediately of any breach of security or unauthorized use of your Account. True Link will not be liable for any losses caused by any unauthorized use of your Account.
VERIFICATION OF IDENTITY (Patriot Act Information Disclosure): To help the government fight identity theft, the funding of terrorism and money laundering activities, True Link may obtain, verify and record information that identifies each person who opens an account with us. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow True Link to properly identify you. True Link may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity.
2. Change to Service; Prohibited Activities
While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:
NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or True Link employees or agents engaged in providing any portion of the Service to you.
NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
TECHNOLOGICAL USE: You will not engage in:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the True Link servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- use data provided by us for any competing uses or purposes;
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages; or
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages (text messages)
3.1 Consent to receive telephone calls, SMS messages and other messages
You acknowledge that by voluntarily providing your telephone number(s) to True Link, you authorize us to call and/or send text messages, even if your telephone number is registered on any state or federal Do Not Call list, in order to provide you with information regarding your Account and any transactions. You expressly authorize us to make such contacts using any telephone numbers you have supplied or will supply to us in connection with your Account. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you and you agree that we will have no liability in connection with third parties accessing your telephone.
You acknowledge that alerts sent via SMS may not be delivered if your carrier does not support short code communications, if your mobile phone is not in range of a transmission site, or if network capacity is not available or insufficient at a particular time. Additionally, you acknowledge that factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You understand that your wireless carrier does not guarantee that alerts will be delivered and we will not be liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
At any time, you may withdraw your consent to receive calls or SMS messages. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to True Link Financial, Inc. P.O. Box 581 San Francisco, CA 94104 (Attn: Opt-Out).
3.3 The phone numbers you provide
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees)arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
3.4 Charges from your telephone provider
You understand that your cellular or mobile telephone provider may charge you fees for calls or texts that we make or send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
3.5 Call Recording and Monitoring
Calls to and from True Link may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.
4. Your Consent to Electronic Communications
Electronic Communications Delivery Agreement(E-SIGN Agreement)
Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us electronically (by us posting it on our Site or sending you an e-mail),instead of receiving paper copies in the mail.
This E-SIGN Agreement lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This agreement also lets you know that you must keep your contact information up-to-date.
5. User Content Requirements and Intellectual Property Rights
Before posting or providing any content, please review these requirements carefully:
5.1 You grant us a license to the content you post
You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). For the avoidance of doubt, User Content does NOT include information provided as part of the financial services offerings provided in the True Link Platform (e.g., transaction related information). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).
You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.
5.2 Your representations and warranties about the User Content
You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d)will not cause injury to any person, entity or system.
5.3 You agree that you will not do any of the following:
- You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
- You agree not to post any false, deceptive or misleading information
- You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
- You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
- You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Service and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
- You agree that you will not create a risk of loss or damage to any person or property
5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.
You will indemnify and hold True Link harmless for any and all claims resulting from your User Content.
5.5 Monitoring, editing or removing your User Content
True Link has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and True Link will not be liable for its use or disclosure.
5.6 No compensation for your ideas, content, suggestions, submissions etc.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to True Link, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that True Link may have something similar to the Ideas under consideration or in development.
5.7 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “True Link Content”), and all Intellectual Property Rights related thereto, are the exclusive property of True Link and its licensors (including other Users who post User Content to the Service).Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any True Link Content. Use of the True Link Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any True Link Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by True Link in writing.
5.8 DMCA Notice
Since we respect artist and content owner rights, it is True Link’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify True Link’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
- Information reasonably sufficient to permit True Link to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
True Link Financial, Inc.
Address: P.O. Box 581 San Francisco, CA 94104
Email: [email protected]
Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying True Link and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with True Link’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
6. Privacy and Security
You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our 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.
8. DISCLAIMER OFWARRANTIES AND GUARANTEES; LIMITATION OF LIABILITY
THESERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIESOR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISINGOUT OF COURSE OF DEALING, USEAGE OR TRADE. YOU UNDERSTAND AND AGREE THATNOTHING RELATED TO THE SITE CONSTITUTES FINANCIAL, INVESTMENT, LEGAL AND/OROTHER PROFESSIONAL ADVICE OR CONSTITUTES A SOLICITATION TO BUY OR SELLSECURITIES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONSARE RESTRICTED, IN NO EVENT WILL TRUE LINK, ITS PARENT, SUBSIDIARIES, OR THEIRRESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOURUSE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSEDTHROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THECOMPANY FOR THE SERVICE OR $200, WHICHEVER IS GREATER.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIEDWARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:
$h4 8.1 ASSUMPTION OF RISK:
YOU ASSUME ALL RISK AND ANY AND ALL DAMAGESASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOUWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OFDATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOTLIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.
8.2 SERVICE AVAILABILITY:
COMPANY DOES NOT GUARANTEE THE CONTINUOUSOPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITYFOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BYANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANYPARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BECORRECTED.
8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:
COMPANY DOES NOT GUARANTEE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS,MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADEAVAILABLE THROUGH THE SERVICE.
8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:
THE CONTENT, INFORMATION AND SERVICES AREPROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOUARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDSAND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIALDECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIALRECOMMENDATION FOR YOU.
8.5 NO WARRANTIES REGARDING THIRD PARTIES:
$h4 9. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTSYOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRUE LINKHAVE AGAINST EACH OTHER ARE RESOLVED.
You and True Link agree that any claim or dispute at law or equity that has arisen, or may arise, between you and True Link that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
9.1 Dispute resolution
For any dispute with True Link, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that True Link has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any True Link claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this Section 10 shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
Alternatively, you may assert your 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 Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TRUE LINK AGREE THAT EACH OF US MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATEATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRUE LINK AGREEOTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S ORPARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO,THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF ANDONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'SINDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
9.3 Arbitration Procedures
Overview: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 9.2 of this Agreement to Arbitrate(“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
Rules and Procedures: The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute("Notice"). The Notice to True Link should be sent to True Link Attn: Legal, Re: Notice of Dispute, P.O. Box 581 San Francisco, CA 94104 True Link will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
Post-Notice Initiation of Proceedings: If you and True Link are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or True Link may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site atwww.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to True Link at the following address: True Link Attn: Legal P.O. Box 581 San Francisco, CA94104 . In the event True Link initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Account. Any settlement offer made by you or True Link shall not be disclosed to the arbitrator.
Arbitration Location: The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or True Link may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and True Link subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or True Link may attend by telephone, unless the arbitrator requires otherwise.
Arbitrator Decision; Final and Binding: The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same True Link user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.4 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, True Link will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by True Link should be submitted by mail to the AAA along with your Demand for Arbitration and True Link will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse True Link for all fees associated with the arbitration paid by True Link on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 9.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
9.6 Waiver of Jury Trial and Class Action
YOU AND WE AGREE THAT, BY ENTERING INTO THISAGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILLLIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION,THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHTTO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERALARBITRATION ACT).
9.7 Opt-Out Procedure
IF YOU ARE A NEW TRUE LINK USER, YOU CANCHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILINGUS A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICEMUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USERAGREEMENT FOR THE FIRST TIME (I.E., YOU ACCEPT THE USER AGREEMENT WHEN YOU USETHE TRUE LINK WEBSITE, WWW.TRUELINKFINANCIAL.COM). YOU MUST MAIL THE OPT-OUTNOTICE TO TRUE LINK ATTN: LEGAL, RE: OPT-OUT NOTICE, P.O. Box 581 San Francisco, CA 94104
Your Opt-Out Notice must include the following information: your name, address (including street address, city, state and zip code), and the email address associated with your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
9.8 Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or sitelink provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against True Link prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and True Link. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Truelinkfinancial.comat least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may deactivate your Account within the 30-dayperiod and you will not be bound by the amended terms.
9.9 Judicial Forum for Legal Disputes
You agree that: (i) the Service shall be deemed solely based in the State of California, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over True Link, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without regard to principles of conflict of law.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and True Link must be resolved exclusively by a state or federal court located in San Francisco County, California. You and True Link agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
10.1 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by True Link without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall begiven effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and True Link’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
10.7 No Agency or Joint Venture.
Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and True Link, except and solely to the extent expressly stated herein.
10.8 Third-Party Terms.
The Service may contain links to third-party websites, advertisers, services, or special offers that are not owned or controlled by True Link. True Link does not assume any responsibility for any third-party sites, information, materials, products, or services.
Please contact us at [email protected] with any questions regarding this Agreement.
Notice to California Residents: Under California Civil Code Section1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.