Last updated: August 4, 2017
Agreement to Terms
By using our Services or clicking “Continue” or “Agree and Continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. or click “Agree and Continue”. Please retain a copy of these Terms.
Albert E-Consent Terms
We require your consent to, and approval of, these “E-Consent Terms” as a condition to you using the Services, the Site or the App. In addition, we partner with various third party product partners that provide financial products or services in order to generate offers for products or services that may be of interest to you. Some of our third party product partners also require that our users agree to be bound by these E-Consent Terms.
These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, and information (“E-Communications”). By submitting a request for an offer from any of our third party product partners, or by using the Site or the App, you acknowledge that you have received these E-Consent Terms and that you consent to conduct all transactions with us and our third party partners using E-Communications.
Option for Paper or Non-Electronic Records
You may request any E-Communications in paper copy by contacting our third party product partner directly (if the E-Communications are to or from that third party product partner) or by contacting us directly (if the E-communications are to or from us). We or our third party product partner, as applicable, will provide paper copies upon your request, but we and they reserve the right to charge a fee, in our discretion, for providing such paper copies. We and our third party product partners will retain records of E-Communications in accord with applicable law.
Scope of Consent
Your E-Consent applies to all interactions online concerning you and us (and/or our third party product partners, as applicable) and includes interactions engaged in on any mobile device (whether smartphone, tablet or otherwise) or computer. By agreeing to these Terms, you are consenting to have us (and/or our third party product partners, as applicable) process your information and interact with you electronically. We (and/or our third party product partners, as applicable) may also send you E-Communications that are related to our (and their) interactions and transactions with you. E-Communications may be provided online through our App or Site, or our third party product partners’ apps or websites, and may be provided by e-mail.
Consenting to Do Business Electronically
Before you decide to do business electronically with us and our third party product partners, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
To access and retain E-Communications, you will need a mobile device or computer capable of accessing the Internet, access to an e-mail account and an Internet browser that supports 128-bit encryption. To read certain documents, you may also need a PDF file reader. To retain a copy of E-Communications for future reference, you will need a printer or a storage device with sufficient space, such as your computer's disk drive, or space to store screenshots on your mobile device. You may send any questions regarding the hardware and software requirements directly to us or to our third party product partners.
Your E-Consent as set forth in these Terms cannot be withdrawn because it is a one-time transaction. If you choose to apply for an offer or other product from our third party product partner through our third party product partners’ websites or apps, you may be asked to consent to further E-Communications from our third party product partners before you are able to proceed.
Updates to Your Contact Information
You must keep us and our third party product partners informed of any change in your email address or mailing address. You may update such information by logging into our Site (and our third party product partners’ websites, as applicable) or by sending us (and our third party product partners, as applicable) a written update by mail.
Consent to Obtain Information from Third Parties
By creating an Albert Account, you understand and agree that you are providing instructions in accordance with the Fair Credit Reporting Act and other applicable law for Albert to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from third party consumer reporting agencies, at any time for so long as you have an active Albert Account.
You authorize Albert to transfer your personal and financial information to our third party product partners on your behalf, for the purposes of generating certain pre-approved loan or other product offers. You authorize our third party product partners to obtain a copy of your consumer credit report and related information about you (what is sometimes called a “hard pull”), including financial information, from third party consumer reporting agencies, and to use such information to provide pre-approved loan or other product offers to you.
You also understand that these Terms are not an application for credit and that finding a pre-approved offer is not a guarantee of approval.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Albert WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Using the Services
Through the Services, Albert monitors and analyzes your financial accounts, and based upon analytics, the Services provide you with automatically generated recommendations as to actions you can take regarding your financial situation. For example, Albert may recommend actions like repaying credit card debt with a low-interest loan, getting renters’ insurance, lowering credit card fees, or setting up a retirement plan. Albert has built relationships with various financial institutions so you can act on the recommendations provided through the Services if you choose to do so. For example, Albert’s analytics may identify funds in your bank account that could be put towards your savings, and the Services may subsequently offer to transfer the funds to a savings account that sits within the Services.
The Services are provided for informational purposes only, to assist you in managing your own finances and decision-making. Neither Albert nor the Services are intended to provide legal, tax or financial advice. Albert is not a financial advisor, investment advisor, financial planner, fiduciary, broker, bank or tax advisor. Your personal financial situation is unique, and therefore any information and/or recommendations obtained through the Services may not be appropriate for your own situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
Eligibility to Use Services
You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Albert; (ii) are a United States citizen (or a legal U.S. resident); (iii) hold a bank deposit account or a credit union share draft account with a U.S. financial institution (any such account, a “Bank Account”); and (iv) are not barred from using the Services under applicable law. We refer to a bank and a credit union interchangeably as a “bank”.
Registration and Your Information
If you want to use the Services, you’ll have to create an account with Albert (an “Albert Account”). Albert is not a bank or a fiduciary and an Albert Account is not a bank account. An Albert Account includes your agreements with Albert and gives you ownership of the funds you place in the Albert Savings Account (defined below). You can create an Albert Account by using an email address and password via the App, and to the extent that the functionality of the Services allows it, via the Site. In order to create your Albert Account, you will also need to provide certain information requested by us, such as your name and cellular phone number. So that we can provide the Services to you, you may also need to provide the online credentials details of your Bank Account, such as the username, password and/or other credentials that allow you to access your Bank Account on the Internet.
For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. When you create your Albert Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:
It’s important that you provide us with accurate, complete and up-to-date information for your Albert Account and your Bank Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Albert Account. You agree that you won’t disclose your Albert Account password to anyone and you’ll notify us immediately of any unauthorized use of your Albert Account. You also agree not to transfer your Albert Account to any third party. You’re responsible for all activities that occur under your Albert Account, whether or not you know about them.
Albert Savings Account
The Services allow you to use a free savings account through the App that we call the “Albert Savings Account”. We use the term “Albert Savings” to refer to the Services associated with the Albert Savings Account. The Albert Savings Account is a single pooled deposit account at Wells Fargo Bank, N.A. in which your money and the funds of all other participants in Albert Savings are held in the name of Albert Corporation as custodian for your benefit and the benefit of those other participants. Albert’s system keeps track of how much money is yours. You are the legal owner of your money in the Albert Savings Account. Albert is not a bank and Albert has no ownership of any funds in the Albert Savings Account.
Based upon our analytics, we identify funds in your Bank Account that may be put towards your savings, and based upon your ACH authorization provided below, we may periodically transfer funds from your Bank Account to the Albert Savings Account via ACH.
The funds in the Albert Savings Account are FDIC-insured up to $250,000 per user, subject to the FDIC’s rules about deposit insurance. For example, if you have a separate deposit account at Wells Fargo Bank, N.A. in your name, then the FDIC may count the funds in your separate account towards the FDIC’s $250,000 insurance limit. We may from time to time move funds between the Albert Savings Account and another pooled custodial bank account maintained by Albert, for liquidity, backup and storage purposes, but this will not affect your ability to access the funds that are held in the Albert Savings Account on your behalf and you remain the legal owner of your funds. Your funds will remain in the Albert Savings Account until you instruct us to transfer any or all of your funds from the Albert Savings Account to your Bank Account by requesting the transfer in the App. We will use commercially reasonable efforts to transfer your requested funds from the Albert Savings Account to your Bank Account within 3 business days after we receive your request. It is important to know the amount of funds available to you in the Albert Savings Account before instructing us to transfer funds from the Albert Savings Account to your Bank Account. If you do not have sufficient available funds in the Albert Savings Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from the Albert Savings Account to your Bank Account without notice to you upon the closure of your participation in Albert Savings and at any time if required by applicable law or if we, in our sole discretion, suspect that the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use your funds in the Albert Savings Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained for you in the Albert Savings Account are acceptable to you. We are not responsible for any third party fees that may be incurred as a result of using the Services, including, but not limited to, fees you may incur as a result of maintaining insufficient funds in your Bank Account. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. While we work hard to transfer funds from your Bank Account when we think you can afford it, we cannot guarantee that our calculation of what we think you can afford to save through Albert Savings won’t cause an overdraft or trigger an insufficient funds fee in your Bank Account.
Your Authorization for ACH Debits and Credits
We will periodically recalculate the amount that we think you can afford to save each week, so the amount of each weekly debit from your Bank Account may be more or less than the previous debit. You have the right to receive notice of any debit that would vary in amount from the previous week’s debit, but you agree that we only need to notify you in advance if a particular debit from your Bank Account would be more than $500. (Our policy is that no single debit will exceed $500, so we expect not to provide you with advance notice of each ongoing debit from your Bank account.)
Each week while you have automatic savings turned on, we will transfer money from your Bank Account to the Albert Savings Account. We may vary the day of the week on which we initiate a transfer. Some weeks we may not transfer any of your funds to the Albert Savings Account.
We try to avoid overdrafts but, despite our efforts, a transfer to Albert Savings may cause an overdraft in your Bank Account and your bank may charge you an overdraft or insufficient funds fee. Such fees are retained by your bank; we do not receive any portion of such fees. If you are charged such a fee, please let us know. In some cases, we can credit your Bank Account for the amount of the fee.
You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Albert that you wish to revoke this debit authorization in one of two ways:
You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. Similarly, if you turn off automatic savings, that change in your settings may not take effect or stop a pending debit transaction for up to 3 banking days. If you turn off automatic savings or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.
In addition, by agreeing to these Terms, you authorize Albert to electronically debit your Bank Account via ACH as follows:
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in the equal in amount to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below.
In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
Payments by Albert
Albert may choose to pay you based on the amount of money you hold in the Albert Savings Account and the length of time that the money is held in the Albert Savings Account. Albert may refer to such payments as “rewards”, “fees”, “bonuses”, “interest” or other labels or designations. Albert may in its sole discretion begin paying such amounts, reduce such payments, change the methods of calculating such payments or discontinue making such payments altogether. Such payments by Albert or commitments to make such payments do not create or imply a debtor/creditor relationship between you and Albert. If Albert chooses to make such payments, then Albert’s obligation, if any, to do so is not guaranteed or insured by the FDIC or any other person. So, if Albert were to go out of business before paying accrued amounts, you likely would not receive those accrued and unpaid amounts. Such payments by Albert may constitute taxable income to you, although Albert does not provide any tax advice and strongly suggests that you consult with your tax adviser on any tax questions.
Fees for using the Services
We may charge a monthly fee (the “Monthly Fee”) for our ongoing services that give you access to customer support representatives over text message and identify funds in your Bank Accounts that may be put towards your savings. The current amount of the Monthly Fee is disclosed in the App. We may debit the Monthly Fee on a monthly basis from your Bank Account pursuant to your ACH authorization provided above. The Monthly Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Monthly Fee from time to time in our sole discretion. We will notify you in advance of any change to the Monthly Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Monthly Fee takes effect, you agree to pay the Monthly Fee, as modified.
Albert Insurance Services
Albert Insurance Services, LLC (“AIS”) is a wholly owned subsidiary of Albert that provides insurance quotes and products. All insurance quotes and products provided throughout the Services are offered through AIS, which holds a resident insurance license in California (license number: 0L55001) and non-resident licenses in additional states.
As part of the Services, premium rates quoted are provided through AIS’s insurance partner agencies, brokers, and/or insurance carriers. The premium rates and recommended coverage amounts displayed are for quoting purposes only and are made for general and informational purposes. AIS does not underwrite any insurance policy described on the App or quoted by our insurance partners.
While AIS works hard to show recommendations that fit your financial situation, any recommendation by AIS of coverages, amounts, rates, limits, terms or services is based solely on the information provided by you in the App. AIS is not responsible for any quotes provided as a result of inaccurate, incomplete, false, or fraudulent information provided by you. Please note that AIS does not make any warranties or representations regarding the quotes, terms, rates, coverage or services offered or made available by using this App. In addition, AIS does not guarantee that quotes, terms, rate, coverage or services offered on the App are the best available. Any quotes displayed are non-binding and final policy premium for any policy is determined by the underwriting insurance carrier selected by you. All policies applied for through the App are subject to submission of a final application to, and acceptance by, the insurance carrier selected by you. AIS may receive compensation for placement of your insurance from its insurance partners.
Power of Attorney
By creating an Albert Account and using the Services, you automatically authorize us (or our third party service providers) to obtain, without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third party websites and databases (your “Financial Information”) as necessary to provide the Services to you. For the purposes of these Terms and solely to provide the Financial Information to you as part of the Services, you grant Albert a limited power of attorney, and appoint Albert as your attorney-in-fact and agent, to access third party services, retrieve and use your Financial Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ALBERT IS ACCESSING AND RETRIEVING FINANCIAL INFORMATION FROM THIRD PARTY SERVICES, ALBERT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SERVICE.
You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Albert and our third party service providers, Albert owns your Financial Information.
Notifications and Verification
In order to use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Albert Account via the App.
As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. You can control receipt of these communications from your Albert Account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.
Offers from Marketing Partners
We may use your Financial Information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services.
The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via the “Contact Support” link in the profile section of the App. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include Financial Information.
Content Ownership, Responsibility and Removal
Albert does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Albert and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Albert a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Albert on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Albert
Subject to your compliance with these Terms, Albert grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by Albert
Subject to your compliance with these Terms, Albert grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Albert reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Albert’s Enforcement Rights
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via the “Contact Support” link in the profile section of the App. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Termination”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that your participation in Albert Savings will not result in you being charged an overdraft or insufficient funds fee.
USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. ALBERT AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH THE FEDERAL DEPOSIT INSURANCE CORPORATION OR FINRA, AND ALBERT IS NOT AN ADVISOR, FIDUCIARY, BANK, CREDIT UNION OR OTHER DEPOSITORY INSTITUTION. ALBERT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, ALBERT RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
YOU ACKNOWLEDGE THAT ALBERT IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. ALBERT MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ALBERT EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SAVINGS ESTIMATES, APPROVAL ODDS, OR RELATED INFORMATION, AVAILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.
You will indemnify and hold harmless Albert and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER ALBERT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALBERT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ALBERT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALBERT AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Albert agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Albert with written notice of your desire to do so by email at email@example.com or regular mail at Attn: 555 West 5th Street 35 Floor, Albert Corp, Los Angeles, CA 90013 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Albert with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Albert with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Albert with an Arbitration Opt-out Notice, you acknowledge and agree that you and Albert are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Albert otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Albert otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Albert submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Albert will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Albert will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Albert changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Albert’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Albert in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Albert and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Albert and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Albert’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Albert may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Albert under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Albert’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Albert. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us via the “Contact Support” link in the profile section of the App.