Terms

Please read these entire Cheese Financial, Inc. Terms and conditions (these “Terms and Conditions”) and indicate whether you agree to these Terms and Conditions by clicking the “I Agree” or similar button.

These Terms and Conditions define the relationship between Cheese Financial, Inc., a Delaware corporation doing business as Cheese (“Cheese” or “we” or “us”), and you, the person registering for or using our Services (“customer,” “you” or “your”). You may use the Services (defined below) only if you reside in a U.S. state in which the Services are provided, are age 18 or older, can form a binding contract with us, and are not a person prohibited from receiving Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Terms and Conditions and may not use the Application or Services. You may use the Services only in compliance with these Terms and Conditions and all applicable laws and regulations.

Cheese is a program manager that operates as a third-party affiliate and does not own nor collect on the debt at any phase of the lending lifecycle.

We may amend these Terms and Conditions at any time by posting revised Terms and Conditions on the Site (as defined below). We may terminate these Terms and Conditions or the Services at any time by suspending or terminating access to the Services and/or notifying you. You can see when these Terms and Conditions were last revised by referring to the “Last Updated” legend above. Your continued use of the Services after we have posted revised Terms and Conditions signiﬁes your acceptance of such revised Terms and Conditions. No amendment or modiﬁcation of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

All loans are made by Synapse Credit LLC, NMLS 1971454, a licensed U.S. lender in designated States, a list of which can be found at https://synapsefi.com/lending. Please see your loan documents for details. Eligibility for a loan is not guaranteed.‍In the event Synapse Credit LLC issued your loan, Synapse Credit LLC (and not [insert Platform Name here]) will report your payment history to three major credit bureaus. Building credit may be accomplished by keeping your balance low and paying all your bills on time every month. Late payments, missed payments, or other factors may be reflected in your credit report and may negatively impact your ability to build credit.‍Deposit accounts and related banking services are provided by Synapse Financial Technologies, Inc.’s program bank partners, a list of which can be found at www.synapsefi.com/legal. See your applicable deposit account agreement for details.

Customer Identification Program Notice

Important Information You Need to Know About Opening A New Account
Federal law requires financial institutions such as Cheese, as well as the banks and certain third-party service providers we work with to issue customer credit products and services in connection with the Services, to obtain, verify, and record information that identifies each person who opens an account. The information you provide us will be used to verify your identity for purposes of establishing the basic Cheese account and to provide the credit reporting services described below under “Services.” If you decide to apply for a credit builder loan, or another customer credit or other financial product or service we may offer in the future, those products are issued by third party financial institutions with whom Cheese works as an outsourced service provider. We may provide the information you have provided us to the relevant financial institutions to verify your identity in connection with the opening of the accounts associated with such products,, or we and/or the financial institution may ask you for updated information. We may also provide the information you have provided us to Synapse Financial Technologies, Inc. and its wholly-owned subsidiaries which include Synapse Credit LLC, a state-licensed lender, and Synapse Brokerage LLC, a registered broker-dealer and member of FINRA and SIPC in order to provide you the credit reporting services described below under “Credit Reporting Services.”

Synapse Credit LLC is the lender of record for the loan service referenced above

Types of Information You Will Need to Provide
When you open an account, we are required to collect information such as the following from you:

Your name
Date of birth
Address
Identification number

US Citizen: taxpayer identification number (Social Security Number)
non-US Citizen: taxpayer identification number, passport number and country of issuance, alien identification card number, or government-issued identification showing nationality, residence and a photograph of you.

You may also need to show your driver's license or other identifying documents.

If Your Identity Cannot Be Verified
We may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.

Services

By using the Services, you can use our website, https://www.earncheese.com, (the “Site,” which includes the mobile version of the Site accessible through the Application, as defined below), which contains an interactive platform, to obtain various financial services, including services provided exclusively by Cheese (the “Cheese Services”) and services provided by Cheese ’s financial institutions with support from Cheese (the “Bank Services,” and, together with the Cheese Services, the “Services”). The Cheese Services provide, among other things, a method for customers to access credit score information, information regarding financial literacy and education, credit alerts, and access to other financial products and services. The “Services” also include Cheese ’s mobile application (the “Application”). Cheese offers its Services to customers subject to the following terms and conditions:

We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services except as provided under applicable law. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.

Compatible Mobile Device Operating System; Mobile Devices Generally

In order to use the Cheese Application, you must have a compatible mobile device operating system that meets the specifications established by Cheese in its sole discretion, as described in the Cheese E-Sign Disclosure. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with the Application for purposes of these Terms and Conditions. The use of any modified mobile device with the Services or Cheese Application is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services, including your Cheese Account, by Cheese without notice to you in Cheese ’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc. (iOS), or Google Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Cheese; Apple, Inc. (iOS); Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third-party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services).

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Agreement with Respect to Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between Cheese and you. You are responsible for regularly reviewing these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on the Site. Additional terms may govern your use of certain sections within the Services. In the event that any provision, term or guideline contained in a particular section of the Services conﬂicts with these Terms and Conditions, the terms of such Web page or section shall control. You acknowledge that you have read these Terms and Conditions, and accept, understand and will be bound by such Terms and Conditions. You further acknowledge that these Terms and Conditions, together with the Cheese Privacy Policy and Cheese Customer Terms of Service, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement, oral or written, and any other communications between us relating to your access or use of the Services. Additional documentation may be applicable to your relationship with financial institutions in connection with the Bank Services.

Privacy Policy

The information you provide to Cheese, including your personal information, is subject to the terms of the Cheese Privacy Policy, which is available at https://www.earncheese.com/privacy-policy. By entering into these Terms and Conditions, you represent that you have read, understood and accepted the Cheese Privacy Policy.

Registration

You can enroll in credit education through the Services. You may also apply for Bank Services including customer credit products such as an installment loan, called a “credit builder loan. Through the Site you can also obtain offers for products and services from time to time from third-party vendors other than our financial institutions.. The decision to provide information to us is purely optional.

Only customers eighteen (18) years of age or older may register and participate in Cheese ’s services. By registering for an Account, you certify that you are eighteen (18) years of age or older.

When you provide information through the Services, you agree to furnish only true, accurate, current and complete information about your Cheese and not to misrepresent your identity or your account information.

If you register to create a Cheese Account through the Services, you consent to accept responsibility for all activities that occur under your Account or password. It is your responsibility to maintain the confidentiality of your password, and to restrict access to your computer, mobile device, or other Internet access device so that no one else can access the password-protected portion of the Services using your name or Account information in whole or in part.

We maintain the right to delete your Account or bar you access to the Services in our sole discretion, without notice and without liability.

If any information you furnish is fraudulent, inaccurate or not current, or if Cheese has reasonable belief to suspect that such information is untrue, inaccurate or not current, Cheese, in its sole discretion, has the right to deny or terminate your use of any Service and refuse all current or future access to the Service. Further, you agree that Cheese will not be liable to you or any third party if Cheese bars your access for any reason. Cheese has the rights to your account information set forth in the Privacy Policy.

While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, and social security number or individual taxpayer identification number); and personal information to verify your identity and financial information (such as bank account number). This information is required in order to verify your identity, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, customer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

Customer Consent to Access Account Information

If you apply for and receive a credit builder loan from an financial institution, you hereby consent to us that accessing (i) the account information related to your credit builder loan account with the financial institution, and (ii) the account information related to your deposit account (collectively, the “Loan Accounts” and the “Account Information”). You acknowledge and agree that the Account Information that we and/or the financial institution may access includes, without limitation, account history (such as payment dates and amounts, balance information, and transaction information); financial account information (such as account number, type, and status); and financial account holder information (such as the account holder’s name, address, phone number, and email address). We will request your Account Information from your financial institution on a periodic basis until your consent is withdrawn.

Once we have accessed your Account Information, we may use your Account Information, and disclose the Account Information to third parties, to provide the Services and to market other goods or services to you. You may withdraw your consent at any time by contacting us by email at support@earncheese.com Please be aware that the withdrawal of your consent may result in the termination of all or a portion of the Services that we provide to you.

Customer Content and Data Feedback

You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Services, including ideas or inventions collected by Cheese (collectively, “Feedback”). Feedback may also include your responses to surveys or other information voluntarily provided by you to Cheese. Cheese or its financial institutions and third-party service providers may obtain information from you regarding the use of the Services, including information such as payment transaction data, mobile usage or patterns, online or other activities conducted through your use of the Services. You agree that Feedback (i) contains your original ideas or inventions and is provided by you to Cheese without payment or conditions; (ii) once conveyed to Cheese , becomes the property (including all intellectual property rights) and confidential information of Cheese ; (iii) may be used or distributed by Cheese for any purpose in connection with the Services or development of any other product or services, including disclosure of such information to affiliates, subsidiaries or third-party developers and publishers; and (iv) permits Cheese to collect and use your personal information (including “nonpublic personal information” or “NPI” as defined under the federal Gramm-Leach-Bliley Act and regulations promulgated pursuant to that act), in connection with the Services, provided that Cheese does not use or distribute that information except as provided in the Privacy Policy. You agree that your Feedback is provided gratuitously, unsolicited and without restriction. Cheese shall have no duties or obligations with respect to Feedback provided by you. Cheese shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation to you.

Customer Generated Data

The Services may include automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for and in connection with the Services, including but not limited to transaction data, pictures, photographs, videos, and other information, including content generated by you (individually and collectively, “Customer Generated Data”). You acknowledge that Cheese and the other creators of Customer Generated Data have rights in their respective content under copyright and other applicable laws, and that except as expressly described in these Terms and Conditions, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any Customer Generated Data in violation of any such rights.

You agree that you will not create, transfer, share, send, submit or upload any Customer Generated Data that:

is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
contains fraudulent statements or misrepresentations that could damage Cheese or any third party;
contains any statements or materials that disparage, ridicule or scorn Cheese or any third party;
is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
is an advertisement or solicitation of business; or
is an impersonation of another person.

You agree that Cheese is not responsible or liable for Customer Generated Data submitted or posted by you or by others. Cheese expressly disclaims any and all liability in connection with any Customer Generated Data. Cheese has no duty to pre-screen Customer Generated Data.

Cheese has the right to edit, remove, block or refuse to post any submitted Customer Generated Data from any network or internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so.

Cheese 's Ownership and Use of Customer Generated Data

For the purposes of the Services, by posting, transferring, sharing or sending Customer Generated Data in any manner, you understand that Cheese owns all such Customer Generated Data generated by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that the Cheese ownership of such data is in exchange for the benefits and value you receive by participating in the Services.

Optional Authentication and Security Features

Cheese may make available to you the following optional authentication and security services via the Application.

Touch ID

Cheese may offer you the option to log into the Application using Touch ID. You can turn this feature on or off via the settings menu within the Application. Fingerprints are stored on your device [or with your device service provider] only, and neither Cheese nor any of its affiliates ever see your fingerprint information. Your session token and PIN are securely stored in an encrypted format in your device’s Apple iOS Keychain. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your Account on the Application. We caution you against storing the fingerprints of others on your device. If you do, please make sure the individuals who have fingerprints stored on your device should be authorized to access the personal and payment information available through the Application and email us immediately if you believe that your device has been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization. Cheese reserves the right to suspend or disable this feature at any time.

Touch ID can only be associated with one Cheese customer ID at a time on a device. For information on how Apple protects your fingerprint and Keychain data, please see Apple’s Privacy Policy and iOS security guides.

Use and Restrictions of Content and Materials

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site or Application (collectively, “Content”) is owned, controlled or licensed by or to us or our financial institutions, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, Site, and Application are operated and maintained by Cheese and its Afﬁliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms and Conditions, no part of the Site, Application, or Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, Application, and Services pursuant to these Terms and Conditions, we retain all right, title and interest in and to the Site, Application, and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms and Conditions. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other customers posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You acknowledge that we may enhance, supplement, modify, or remove Content on the Site and Application at any time for any reason without notice to you, but we shall have no duty to update such Content.

You acknowledge that there may be inaccuracies or typographical errors in content on the Site and Application from time to time and agree that we specifically disclaim all liability for such inaccuracies or errors. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.

We will not provide tax or legal advice with respect to your Account. We will not give you legal advice. You agree that none of the Content provided through the Site or Application is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related investment decisions.

Links to Other Sites

The Site contains links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to the Services. You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Linking Bank Accounts

You may link Cheese account with an external account at a third-party financial institution for online transfers between your linked account and your account. You may link your externa account with your Account by logging into your financial institution on Cheese’s mobile app powered by Finicity Corporation (“Finicity”). Cheese uses Finicity, a third-party account aggregation service to link your external account.

By linking your external account to your Account, you authorize us to view your account history and profile, including, but not limited to, your account and routing details, authentication details, balance, transaction history, contact information, and other related information made available by such external financial institution; and you understand this information may be used to transact on your behalf and perform other services subject to our Privacy Policy. When adding an external account, you represent and warrant that you are owner of and have the right to access, use and authorize us to use the account for information and funds transfer purposes. If any of your linked accounts has a joint account holder, you represent and warrant that the joint account holder has consented for you to represent you you and them, and to use the external account with the Cheese service. If you do not have such consent, you should not use that external account and we will terminate your use of the linking service if we are notified of such a situation. If you close any of your external accounts, you are responsible for removing it as an account eligible for the linking service to avoid any transaction failure and possible charges related to a failed transaction. We are not responsible for any acts or omissions by the external financial institution or other provider of any linked external bank account, including, without limitation, any modification, interruption, or discontinuance of any linked external bank account by such financial institution, service provider or Cheese

Permitted Uses

Subject to the provisions in these Terms and Conditions, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open Accounts to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms and Conditions and other documentation relating to the Services; and (v) make such other use of the Services as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms and Conditions, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the Services and their Content in accordance with these Terms and Conditions, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall belong to us or our Licensors and Suppliers, including all modiﬁcations thereof and enhancements thereto. The Content and customer interface made available from, on or through the Services may not be copied, modiﬁed, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms and Conditions is solely for your personal use (but not for resale or redistribution) as a customer of the Services and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and customer interface made available from, on, or through the Services. You have no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.

You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

Prohibited Uses

You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the ﬁnancing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any customer of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our customers. Your use of the Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your afﬁliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another customer’s Account without permission, or solicit another customer’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (f) “frame” or “mirror” any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from other customers of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi- level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of Cheese , or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of Cheese ; (o) use or distribute any Content, including Content that has been veriﬁed or conﬁrmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Optional Geo-Location Services

In connection with the Application, Cheese may offer you geolocation-based functionality, in which case you will have the choice to opt into geolocation services so that Cheese may provide more relevant additional services to you based on your current location. By opting into such geolocation services, you consent to the collection, use, sharing and transfer of your geolocation data with Cheese and third- party service providers of Cheese who help facilitate such services.

Customer Permission for Text Messaging/Alerts, Push Notifications and E- Mail

You grant Cheese your express written consent to receive autodialed and prerecorded message calls, text messages or push notification alerts from Cheese, or third-party service providers acting on Cheese ’s behalf, at any mobile telephone number you provide to Cheese, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express written permission applies to messages and alerts regarding the Cheese Services. By providing your email address to Cheese , you agree that Cheese or third-party service providers acting on Cheese ’s behalf, may e-mail Account registration information, Services use information with regard to the Services, customer service, in the case of fraud/suspected fraud inquiries, customer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal “do not email” registry. With regard to any text messages, alerts or email relating to the Services, Cheese will not include any access codes or similar non-public personal information in such message.

Cheese Unauthorized Transaction Policy

This policy applies to unauthorized and/or erroneous transactions involving your Cheese Account and/or the registered bank account on file.

Liability of Customer for unauthorized transfers.

By creating a Cheese Account and initiating bank deposits or withdrawals (i.e., EFTs), you also agree to the Terms of Service and Privacy Policy of our backend software provider, Synapse Financial Technologies, Inc. (together, the “Synapse ToS”). Technologies provided by Synapse enable us to offer you certain banking services and products. You must comply with the Synapse ToS when creating or using your Cheese Account. The Synapse ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in the present clause but defined in the Synapse ToS assumes the meaning as defined in the Synapse ToS. To report a complaint relating to the bank services provided by Synapse, email help@Synapsefi.com. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SYNAPSE ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR CHEESE ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES. Cheese reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.

By initiating EFTs with your Cheese Account, you acknowledge that federal law and federal regulations provide for certain liability limits on unauthorized funds transfers, and that certain other limits may be enforceable by state or other applicable law or agreement. You agree that you have been informed of these limits to the extent required by 12 CFR § 205.7(b)(1), (2), and (3). You acknowledge that the disclosures required by the stated regulation are set forth below:

Your Liability for Unauthorized Transfers.

You must contact Cheese, by calling at 866-657-8863 or email support@earncheese.com if you believe your Account number was stolen or if you believe someone has transferred or may transfer money from your Account without permission. If your account number was stolen or if you believe someone has transferred or may transfer money from your Account without permission contact us immediately through Synapse, at the number specified above.

If you notify us within two (2) business days after you learn of any unauthorized transaction, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Account number and we can prove that we could have stopped someone from using your Account without your permission if you had promptly notified us, you could lose as much as $500.00.

If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the section below “Errors and Disputes.” If you do not notify us within sixty (60) days after (i) you become aware of the transaction(s) and/or (ii) the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. After receiving notice from you of such an event, we will close Account to keep losses down and issue you a new Account number.

If your Account number changes, you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or payments activity continues uninterrupted.

If you furnish your access device and grant actual authority to make transfers to someone who then exceeds that authority, you will be liable for the transfers the person makes unless we have been notified that transfers by that person are no longer authorized. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for any special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources. Concerning each item you deposit with us, or which we cash for you or give other consideration, you make the following warranties to us whether Bank is the payor bank or depository bank: all necessary signatures and endorsements have been placed on the time and are genuine, the item has not been materially altered and you have good title to it, and no defense of any party to the item is good against you. If any such warranty is breached, we may deduct the amount of the item from any of your accounts or otherwise collect from you this amount plus expenses.

Errors and Disputes. If you think your statement is wrong or if you need more information about a transaction listed on it, please contact Cheese, at 866-657-8863 or email support@earncheese.com. You must report any errors within sixty (60) days from the earlier of (i) the date the statement was made available to you on the Platform Website and/or the Mobile App or (ii) the date you access your Account and would have been able to see the error. You must provide the appropriate information for us to investigate the error or unauthorized transaction, including at least the date of the transaction and its amount. If you call us, we may request that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to use this additional time, we will credit your Account for the amount you think is in error within ten (10) business days, so that you will have use of the money during the time it takes to complete the investigation.

If your Account was opened less than thirty (30) days before the date of the suspected error, we may extend the ten (10) business day period to twenty (20) business days before crediting your Account.

If your Account was opened less than thirty (30) days before the date of the suspected error, the error resulted from a point-of-sale debit card transaction or was initiated in a foreign country, we may extend the ten (10) business day period to ninety (90) days before crediting your Account.

If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we will not credit your Account.

You will be informed of the result of the investigation within three (3) business days after our completion of the investigation. If we determine that there was no error, we will send you an explanation by email or by making it available via the Platform Website or the Mobile App. Copies of the investigation documentation can be obtained by calling us at 866-657-8863 or email support@earncheese.com

Authorization for Automatic Payments

Synapse Credit LLC, as the loan servicer on your loan, and its successors and assigns, to initiate electronic funds transfers from your designated account provided to Cheese on the date of this agreement for monthly repayments on your loan. EACH MONTH, THE DEBIT AMOUNT MAY BE A RANGE OF PAYMENTS, WHICH WOULD INCLUDE YOUR MONTHLY PRINCIPAL AND INTEREST, AND FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR LOAN MAY BE COLLECTED USING ELECTRONIC FUNDS TRANSFERS INITIATED BY US FROM YOUR DESIGNATED ACCOUNT.

Each user is limited to 4 successful debit transactions that represent a range of payments, which would include principal, interest, and fees. Each transaction has a limit of maximum $200. Cheese reserves the right to cancel or suspend transactions due to fraud or compliance related concerns

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Specific Consents Granted upon Submission of Your Registration Form

At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions):

I understand that by submitting this registration form I am authorizing Cheese , once it has obtained my personal information and credit and identify information in its records along with the other information I am submitting through this registration form (collectively, the “Registration Profile”), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other customer’s Registration Profiles. I understand that Cheese will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive.

Credit Reporting Services

You understand that by accepting these Terms and Conditions you are providing “written instructions” to our third-party service provider, and its employees, agents, subsidiaries, affiliates, contractors, third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (“FCRA”), as amended, including Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the Services to you. You agree and hereby authorize Synapse Financial Technologies, Inc., its agents and employees, to provide your personally identifiable information to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against Synapse Financial Technologies, Inc and its agents and employees for the acts and omissions of these third parties with regard to the use and disclosure of such information.

The credit score and credit monitoring services are only available to customers who Synapse Credit LLC is able to validate. While enrolling for the Services, we will ask you for the information described under “Customer Information Program Notice” above. We may also ask you for other information, including contact information such as your phone number and e-mail address, and personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligations to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identity verification companies, customer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

You agree that you will use the credit score and credit reporting services provided by Synapse Credit LLC as part of the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

The relevant financial institution or other third-party lender will report loan repayments made by you credit reporting agencies (“CRAs”), which in part is designed to assist parties in establishing a credit history.

Notwithstanding the above, any party may dispute any entry on a credit report provided by Cheese to a CRA. Please see the “Dispute of Credit Reporting Information by Customer” section, below.

Cheese is not responsible for how any CRA may manage or use the information provided to them by Cheese and you agree to hold Cheese harmless against any such claims, with all being subject to the “Dispute of Credit Reporting Information by Customer” section of these Terms and Conditions and the Fair Credit Reporting Act. See such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from Cheese to the CRA, that CRA will obtain an ownership interest in that data.

Potential Effect of Delinquency of Credit Reporting

Once payment by a customer for a particular loan repayment has been reported to a CRA, the delinquency of a payment may negatively impact a customer’s credit history. Cheese shall not be liable for any claims, charges, demands, damages or adverse impacts on a customer’s credit score or credit history if a customer cease using Cheese ’s services and does not complete a loan repayment or has default payments.

Dispute of Credit Reporting Information by Customer

Notice of Dispute

A customer may dispute an entry on their credit report derived from information provided by Cheese ’s financial partner, to a credit reporting agency by notifying Cheese either by mail or by other means available to the customer. The customer shall provide the following information as part of any dispute:

Name of customer
A brief description of the disputed information
Address of customer or other means for Cheese to contact customer with results of investigation

Investigation of Disputed Information

Upon receipt of a notice of dispute from a customer, Cheese and a third-party financial institution partner will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within fifteen (15) business days of receipt of the notice of dispute from the customer. The investigation shall include, but is not limited to, all relevant information provided by the customer. The determination shall be one of the following three options:

The dispute is frivolous or irrelevant and the information originally provided is accurate;
The disputed information is inaccurate; or
More information is necessary to make a final determination regarding the disputed information.

Notification of Determination

Once a final determination has been made regarding the disputed information, Cheese will notify the customer for that purpose, by other means available to Cheese and/or a third-party financial institution within five (5) business days of the determination regarding the disputed information. If Cheese determines that the dispute is frivolous or irrelevant, Cheese and/or a third-party financial institution shall notify the customer by mail or, if authorized by the customer for that purpose, by other means available to Cheese and/or a third-party financial institution. Said notice shall include:

The reasons for the determination; and
Identification of any information required to investigate the disputed information.

If Cheese and/or a third-party financial institution determines that the disputed information is inaccurate, Cheese and/or a third-party financial institution shall notify the customer by mail or, if authorized by the customer for that purpose, by other means available to Cheese and/or a third-party financial institution within five (5) business days of the determination and will promptly notify all CRA’s to which Cheese provided said information and request that they delete or modify the information as appropriate. If Cheese and/or a third-party financial institution determines that more information is necessary to complete its investigation, Cheese and/or a third-party financial institution will notify the customer, and the customer’s counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.

Additional Information Request

Upon receipt of the additional information, Cheese and/or a third-party financial institution shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by Cheese and/or a third- party financial institution under this section. Notice of said determination shall be forwarded to the customer as described above.

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Rates and Fees

By subscribing to Cheese’s product, you will be charged interest fees for using the services. Fees in the form of interest charges are provided below, and varies depending on each states. Currently, there are no other fees associated with using the Mobile Service. IMPORTANT INFORMATION ABOUT YOUR WIRELESS CARRIER CHARGES: Because alerts are provided by SMS and data, which is available through your mobile device’s internet connection, your wireless carrier may charge you fees under your wireless plan for, among other things, receiving SMS/text messages, sending SMS/text messages, and using data (such as to access the internet) in connection with the Mobile Service. You acknowledge and agree that you are responsible for any fees or other charges that your wireless carrier may charge for any related data, SMS/text or other message services

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Intellectual Property Information and Restrictions

Copyright

The copyright in the Content is held by Cheese and is protected by U.S. and International copyright laws and treaties. You are authorized to use the Content sent to you through the Services. You consent that the Content 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 Cheese. You agree that the Content is and shall remain the sole property of Cheese. You may not alter, sell, transfer or create derivative works based on any Content, in whole or in part. The utilization of the Content on any other web site is not permissible without prior written approval from Cheese. You may not, without Cheese ’s prior consent, “copy” any material on the Services on any other server. You may not reverse engineer any of the Services’ technologies.

Unpermitted application of any Content on the Services may breach copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

Trademarks

Cheese (including the Cheese logo), Cheese .com, and all related logos (collectively the “Cheese Trademarks”) are trademarks or service marks of Cheese. Other company, product, and service names and logos used and exhibited on the Services may be trademarks or service marks owned by Cheese or others. Nothing in the Services should be interpreted as allowing, by association, estoppel, or otherwise, any license or right to use any of the Cheese Trademarks displayed on the Services without our prior written permission in each case. You may not use, copy, display, distribute, modify or reproduce any of the Cheese Trademarks found on the Services unless following written permission by us. We forbid use of any of the Cheese Trademarks as part of a link to or from any site unless such a link is approved, prior, in writing by us. Any questions concerning any Cheese Trademarks, or whether any mark or logo is a Cheese Trademark, should be referred to Cheese .

Copyright Complaints

DMCA. You may not use the Sites for any use or in any aspect that violates the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), Cheese has an agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of deleting the accounts of customers who (to our knowledge) are repeat violators. Procedure. If you believe that any materials on Sites encroaches your copyrights, notifications of claimed copyright violation should be sent to Cheese ’s designated agent as set forth below. Notification should include whenever possible:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted material that you believe has been violated;
a description of where the material you claim is infringing is located in the Services;
a statement by you that believe that the disputed use is not permitted by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Extra Financial, Inc.
c/o Compliance Department
Email address: support@earncheese.com

It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Warranties, Disclaimers and Limitations of Liability

You represent and warrant to Cheese that (a) all information, including, without limitation, personal information, that you provide to us is accurate and truthful, and you will update such information with Cheese as soon as it changes, (b) you have the authority to share personal information with us and to grant us the right to use personal information as provided in these Terms and Conditions and Cheese Privacy Policy, (c) you have the right to grant us the licenses speciﬁed in the section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Services pursuant to these Terms and Conditions does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, (e) you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operations of the Services, (f) the account with your mobile service provider for the mobile device on which you are using the Services, including the Application, is current and in good standing, (g) you are at least 18 years of age and have the right, power, and authority to enter into these Terms and Conditions, and (h) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHEESE, CHEESE ’S THIRD PARTY SERVICE PROVIDER SYNAPSE FINANCIAL TECHNOLOGYIES, INC AND SYNAPSE CREDIT LLC AND ITS OR THEIR DATA PROVIDERS AND OTHER THIRD-PARTY SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, CHEESE , SYNAPSE FINANCIAL TECHNOLOGYIES, INC AND SYNAPSE CREDIT LLC AND ITS AND THEIR DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR DATA THEREIN.

Although Cheese makes efforts to provide an accurate Site and Application, the Site and Application and all respective parts thereof are provided “as is”, “with all faults”, and “as available”. Cheese and its Affiliates and their respective managing members, officers, directors, employees and third party suppliers (collectively, the “Company Parties”) disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, including without limitation (1) as to title, merchantability, fitness for ordinary purposes and fitness for a particular purpose and non-infringement, (2) the quality, accuracy, timeliness or completeness of the site, the application and their respective content, (3) those arising through course of dealing, course of performance or usage of trade, (4) the Site, the Application and their content conforming to any function, demonstration or promise by any Company Party and (5) that access to or use of the Site, Application, or their Content will be uninterrupted, error-free or completely secure. Any reliance upon the Site, the Application and their respective Content is at your own risk and Cheese makes no warranties. Cheese reserves the right to restrict or terminate your access to the Site, the Application and their respective Content or any feature or part thereof at any time. If you download the Application or any Content from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download of any such Content.

Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third- party customers identiﬁed through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other customers or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identiﬁable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

You acknowledge that access to the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. For instance, the Services may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or hardware malfunctions, or occurrences beyond the control of Cheese and its third parties (including operator errors, market volumes and volatility, power failures, equipment failures, communications failures, natural disasters, terrorist acts, and warfare). We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times or at any particular time or that access will be continuous or uninterrupted.

We reserve the right to do any of the following, at any time, without notice:

(1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms (except as described in the Cheese Privacy Policy); and (3) to interrupt the operation of the Site or Application and/or provision of Services, or any portion of the Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.

Limitation of Remedies

In no event shall Cheese be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, Application, or their Content, with the delay or inability to access or use the Site, Application, or related Services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Site, Application, or their Content, or otherwise arising out of the use or access of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Cheese has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

If you are dissatisfied with any portion of the Site, the Application, or their respective content, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site and uninstall the Application.

Returns and Refunds Policy

We do not issue refunds for products or services once the order is confirmed and the product sent and/or service rendered. We recommend contacting us for assistance if you experience any issues receiving or using our products or services. If you have any questions about our Returns and Refunds Policy, please contact us at support@earncheese.com.

Indemniﬁcation for Content and Materials

You will indemnify and hold Cheese and its Afﬁliates harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms and Conditions, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of applicable laws, rules or regulations in connection with your use of the Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms and Conditions. You agree to indemnify and hold Cheese , its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of any content submitted, posted, or otherwise provided by you to Cheese and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of any provisions of these terms and conditions.

Governing Law and Dispute Resolution

By visiting or using the Site or App, you agree that the laws of the State of California, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service.

You agree that you will not use the Site, App or the Company’s products or services in any unlawful manner or for any unlawful purpose. You may not use or otherwise export or re-export the Site, App or Content except as authorized by U.S law. You represent and warrant that you are not located in any country that is subject to U.S. country-wide sanctions, or that has been designated by the U.S. as a “terrorist supporting” country, and are not a party listed on any U.S. list of sanctioned, prohibited or restricted parties.

DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@earncheese.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Cheese at 130 W. Union St. Pasadena, CA. 91103 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Notwithstanding any provision in this Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 888-778-7879 or visit the AAA website at http://www.adr.org.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.

Jury Trial Waiver: If for any reason this Arbitration Agreement is found to be unenforceable, you and the Company expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge, rather than a jury, will decide disputes between you and the Company if, for any reason, the Arbitration Agreement is not enforced.

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Interpretation

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise speciﬁed in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by conﬁrmed facsimile, or (iv) the ﬁrst business day after sending by email.

Notices to us must be sent in writing to the following address:

Extra Financial, Inc.
130 W. Union St
Pasadena, CA 91103
or via email addressed to: support@earncheese.com

and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms and Conditions (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an afﬁliate, or in connection with a change in control. Subject to the foregoing, these Terms and Conditions shall bind and inure to the beneﬁt of the parties, their respective successors and permitted assigns.

Termination

The term of these Terms and Conditions will continue until terminated by you or Cheese as set forth below.

We may terminate your Account(s) and associated privileges immediately if you fail to comply with these Terms and Conditions. Cheese also reserves the right to terminate your participation at any time, in Cheese ’s absolute discretion, without cause. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemniﬁcation,” and this Section regarding Termination shall survive any termination or expiration of these Terms and Conditions.

If you want to terminate the Terms and Conditions with Cheese, you may do so by notifying Cheese in writing at 130 W. Union St. Pasadena, CA 91103 and including your name, date of birth, and email address for your Cheese Account.

You may also terminate your account online.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other related terms incorporated by reference as a part hereof, represent the entire understanding between you and Cheese governing the Services. In the event of any conflict between these Terms and Conditions and the terms of a third-party agreement, the terms of these Terms and Conditions will prevail as between you and Cheese. Additional agreements may be applicable to your relationship with financial institutions in connection with the Bank Services.

California Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about must be sent to Cheese., Attn: Complaints, 130 W. Union St. Pasadena, CA 91103. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions

Should you have any questions concerning these Terms and Conditions, please contact us by email at support@earncheese.com or by regular mail at Extra Financial, Inc., 130 W. Union St. Pasadena, CA 91103. For an online copy of these Terms and Conditions, please go to https://www.earncheese.com

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Terms & Conditions