This Terms of Use (this “Agreement”) is provided by Ava Finance, Inc. (“Ava Finance,” “Ava,” “we,” “us” or “our”), and governs your use of our App(s) and Services. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Privacy Notice
User privacy is an important concern for us. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our services. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.
In general, you can visit www.meetava.com without telling us who you are or revealing any information about yourself. However, when you use the App(s)or our Services, register for an account with us, or add a Linked Account, we will collect personal information from you, such as your name, email address, mobile phone number, banking and credit card information, age, gender, location, address, date of birth, social security number, citizenship information, occupation status, and income source.
The personal information we collect may include the type of device in use, operating system, the device identifier, user's IP address, mobile network information, and standard web log information, such as your browser type, traffic to and from our App(s), the pages you accessed on our App(s), and other available information. We may also collect information about your use of our App(s).
By providing your personal information to us, you expressly agree to our collection, use, storage, and disclosure of such information as described in our Privacy Policy.
If you are dissatisfied with any aspect of the services you have received from us, you can send a complaint to support@meetava.com. We will review the complaint and provide you with a response in writing.
Specific Registration Consents
When you register as a member, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services (collectively, such information is your “Member Profile.”). By registering, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to include in your Member Profile as follows:
I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Ava or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, Experian, TransUnion and Equifax. I understand that my instructions let Ava and affiliated companies obtain such information at any time for as long as I have a registered Ava account to use as described in the Terms of Service and Privacy Policy.
I authorize Ava to access and review my credit information in order to display it to me and to provide me with relevant financial recommendations and marketing offers. I also accept Ava’s Terms of Service, E-Communications Disclosure, and Privacy Policy.
Terms of Use
Please read this Agreement carefully before using our services (the "Services") provided through our App(s)available in the App Store and on Google Play (the "App(s)"). We may also provide the Services through our websites websites (the "Website"), and if you access the Services through the Website, then all references to "App(s)" in this Agreement include the Website. This Agreement is between us and you, the user. By installing, accessing or using the Services or the App(s), by accepting electronically (for example, clicking “I Agree”), you agree to be bound by this Agreement, including our Privacy Policy, as this Agreement and Privacy Policy are updated from time to time by us. If you do not agree to this Agreement, then you may not use the Services or the App(s).
Your use of the App(s) is subject to the additional disclaimers and notices that may appear throughout the App(s). Neither we nor our representatives are engaged in rendering legal services, financial advice, or investment advice through the Services or the App(s).
Neither our Services nor the material on the App(s) should be regarded as legal services, financial advice, investment advice, or an offer to sell, or a solicitation of an offer to buy, any securities of Ava Finance or its affiliates.
We and our representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on the App(s). While we strive to keep the information on the App(s) accurate, complete and up-to-date, we and our representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or the Services on the App(s).
Personal and Noncommercial Use Limitation: Prohibited Uses
Our Services, including the App(s), provide software tools and information to assist you in managing your finances and debt. We grant you access to the App(s) during the term of this Agreement solely to receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from the Services or the App(s). You agree to provide true, accurate, and complete user information at all times, and to update such information upon our request. You will not access or attempt to access password protected, secure or non-public areas of the Services or the App(s), without our prior written permission. You will comply with all privacy laws.
The Services and the App(s) are licensed (not sold) to end users. Subject to this Agreement, we grant to you a personal, non-exclusive, non-transferable, limited, and revocable license to access the Services and the App(s) for your own personal use and not for any commercial or business purpose (“Your License”).
Proprietary Rights
All materials on the Services and the App(s) (as well as the organization and layout of the Services and the App) are owned and copyrighted, licensed by, or used with permission that is granted to us. No reproduction, distribution, or transmission of the copyrighted materials in the Services and the App(s) are permitted without our prior written permission.
Your Account
Your acceptance of the E-Sign Consent is required to create an Account. You may be presented with the opportunity or requirement to create an account to use certain parts of the Site or App. When you create an account, you may be required to pick a user name, password, and/or other access credentials. You are responsible for maintaining the confidentiality of your account and access credentials and for restricting access to your computer and any other devices you use to access your account, and you agree to accept responsibility for all activities that occur under your account or access credentials. You may not assign or otherwise transfer your account to any other person. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit Content. If your status as a user of the Services or the App(s) is terminated, you will (i) stop using the Services and the App(s) and any information obtained from the Services and the App, and (ii) destroy all copies of your account information, password and any information obtained from the Services or the App(s).
You agree to (1) immediately notify us of any unauthorized use of your access credentials or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session when accessing the Site or App. We will not be liable for any loss or damage arising from your failure to comply with this section.
You may be presented with the opportunity to apply for a loan or other product through the Site or App. When applying for a loan on the Site or App, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, the Company has the right to terminate your loan pre-registration and/or application and to decline to provide any and all future use of the Site or App. We reserve the right to decline your application for a loan or other product.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Description of Our Services
Our Services provide, among other things, credit building loans, 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 our mobile application.
The credit score and credit monitoring services are only available to customers who we are able to validate. While enrolling for the Services, we will ask you for your personal identification information and address. 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, consumer 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 Equifax, Experian and TransUnion as part of the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.
We will report loan repayments made by you to credit reporting agencies (“CRAs”), which in part is designed to assist parties in establishing a credit history.
We are not responsible for how any CRA may manage or use the information provided to them by us and you agree to hold us harmless against any such claims, with all being subject 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 us to the CRA, that CRA will obtain an ownership interest in that data.
The Services are not intended to provide any credit repair, legal, tax or financial advice. We cannot guarantee any improvement in credit scores.
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. Ava 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 does not complete a loan repayment or has default payments.
Purchase Policy
Some of the Services we offer may only be available for a fee. You will only be charged for fee-based services after we obtain your consent to pay such fees. We reserve the right to change fees for access to the Services, or to change what features are available at different fee levels, at any time. You shall pay all fees incurred through your use of the Services at the rates in effect for the billing period in which such Services are delivered.
Ava does not offer a refund on our subscription services under any circumstances. You acknowledge that Ava is not a Credit Bureau and does not have direct influence over any aspect of credit, credit profiles, or how credit scores are calculated.
We may cancel use of the Services with or without cause at any time.
Account Linking Terms
By linking any of your accounts (each, a "Linked Account") or information held by us or any third parties to the Services, you authorize and direct us and/or our Data Aggregators (defined below) to access third party sites, databases, and other services relating to the Linked Account, to access, retrieve and use your account information or other information you direct us to access on an ongoing basis (“Account Information”). We may use the services of a third party to access your Account Information (these third parties are referred to as “Data Aggregators”). In some situations, this may include (i) authorizing us (either directly or through our Data Aggregator) to share your account login credentials or other information and (ii) granting us (either directly or through our Data Aggregator) full power and authority to take any additional steps, all as necessary to access, retrieve, and use your Account Information in accordance with this Agreement and our Privacy Policy. You acknowledge and agree that (a) when we or our Data Aggregator access, retrieve and use Account Information, we are acting as your agent, and not as the agent of or on behalf of any other party; (b) if we use a Data Aggregator to access your Account Information, that Data Aggregator will provide to us, on your behalf, your Account Information for our use in connection with the Service, including to respond to your inquiries, fulfill your requests, provide you with customer service, and identify offers from us and third parties that may be of interest to you; (c) we and our Data Aggregator may each use, modify, display, distribute, and create new material using your Account Information to offer Products to you and as otherwise described in our Privacy Policy; and (d) we and our Data Aggregator may each use, sell, license, reproduce, modify, distribute, and disclose aggregate or non-personally identifiable information derived through your use of the Services, including any Account Information obtained pursuant to the authorization above, for any purpose. Please refer to our Privacy Policy for information on how we use, maintain, and share your Account Information.
We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree that we and our Data Aggregator shall be entitled to rely on the foregoing authorization granted by you. If you wish to revoke the foregoing authorization for any Linked Account, you must unlink the account from the Services and, if no other Linked Account is provided by you, you may not be able to receive the Services.
You represent and warrant you are a legal owner of the Linked Account, or that you are authorized to provide us and our Data Aggregator with all Account Information and have the right to grant the permissions in this Agreement with respect to the Linked Account, and that Data Aggregator's exercise of its rights in this Agreement will not violate any applicable laws or third party rights.
Account Information Authorization
As described in the “Account Linking Terms” section, above, you understand that, in connection with our Services, you authorize us to obtain certain Account Information about your Linked Accounts such as your credit card number, directly from you or from third parties (including Data Aggregators and Credit Bureaus). You also understand that we will – directly or through third parties to our Services – hold, maintain, and use your Account Information, as described above and consistent with our Privacy Policy, as long as is necessary to perform the Services.
Credit Report Authorization
You understand and agree that, in connection with our Services, you authorize us to send on your behalf information about you to one or more Data Aggregators and to obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax.
Access to Your Notification Settings
Certain App(s)may request access to your phone's notifications settings during the setup and activation process so that the App(s)can notify you of various actions (such as when a call is blocked or when an SMS message is filtered). You can configure the types of notifications the app sends from within Settings. From time to time, we may also use the process to notify you of important updates or changes to the service or special promotional offers for our products.
Third Party Product Terms
We may, from time-to-time and subject to this Agreement, make a third party's products and services available to you through the Services (the "Products"). The Services may provide Product listings, descriptions, and images of goods or services or related coupons or discounts, as well as references and links to such Product. Products may be made available for any purpose, including general information purposes. We do not control or endorse, nor are we responsible for, any Product, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Product, or any intellectual property rights in any Product. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Product. We have no obligation to monitor Products, and we may block or disable access to any Products through the Services at any time. In addition, the availability of any Products through the Services does not imply our endorsement of, or our affiliation with, any provider of such Product, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY PRODUCT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH PRODUCT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH PRODUCTS).
Confidential Information
You agree that you will not disclose Confidential Information to any person and you will not use or permit the use of any Confidential Information except as necessary in connection with the Services and except as required by court order. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and ordinary care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the App(s) or (ii) which is (A) marked "Confidential," "Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of the Services or the App, you warrant to us that you will not use the Services or the App(s) for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Services and the App(s) automatically ends.
You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on the Services or the App, or accessed through the Services or the App(s). You may not republish our content or other content from the Services or the App, on another website or app or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Services or the App(s). You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access the App(s) is virus free.
Eligibility
You must be an individual of at least 18 years of age and reside in the United States, on a United States military base, or in a United States territory in order to use the Service or the App(s). The Services and the App(s) are controlled or operated (or both) from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services and the App(s) may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services or the App(s) is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Services or the App’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. Your right to access and use the Services and the App(s) is personal to you and is not transferable by you to any other person or entity.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE APP(S) OFFERED VIA THE APP(S) IS AT YOUR SOLE RISK. THE SERVICES AND THE APP(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP(S) 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 FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Your access and use of the Services and the App(s) may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or the App(s) or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR THE APP; (ii) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES OR THE APP(S) AT ANY TIME OR FROM ANY LOCATION; (iii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR ON THE APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (vi) ANY OTHER MATTER RELATING TO SERVICES OR THE APP(S). IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF WARRANTIES OR LIABILITY MAY NOT APPLY TO YOU.
Links to Third Party Sites
The App(s) may contain hyperlinks to websites or applications operated by parties other than us or our affiliates. Such hyperlinks are provided for your reference only. We do not control such websites or applications and are not responsible for their content. If we post hyperlinks to other websites or applications, this does not mean that we endorse the material on such websites or applications or associate ourselves with their operators. Your access to and use of such websites or applications, including information, material, products and services on such websites or applications, is solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on the App, once linked to another website or application, you should read that site’s privacy policy before disclosing any personal information.
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the Services or the App, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
User Content/Email Discussion Lists, Interactive Areas
We may choose to offer the opportunity for you to contribute your ideas, comments, questions, and other communications to or from the App(s) (the "User Content") in message boards, chat rooms, email and other features of the App(s) ("User Areas") that may be offered from time to time and may be operated by us or by a third party.
We may provide email discussion lists and interactive forums for the convenience of our staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. We do not exert editorial control over information or materials posted by third parties in these areas or in materials that are emailed by third parties using email discussion lists. We are not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.
We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property.
You are solely responsibility for the content of any emails that you post to the lists or content that you post in interactive forums and you agree to indemnify and hold us, our affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys' fees) due to or arising out of your use of the list service or interactive forum or any information or materials provided on such list service or interactive forum.
You will not (nor cause any third party to) use the App(s) to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or commercial content;
- interfering with or disrupting the Services or the App;
- disrupting the activities or enjoyment of the Services or the App(s) for other users; or
- collecting, or storing personal data about other users.
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by us and such User Content should not be considered to have been reviewed, screened, or approved by us. You should exercise discretion before relying on information contained in User Content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Services or the App, and remove any User Content from a User Area, at any time and for any or no reason. We will not be liable to you or any third party for any termination of your access to the App(s) or deletion of any User Content on the Services or the App(s).
System outages, slowdowns, and capacity limitations
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Services or the App, or communicating with us through the internet or other electronic and wireless services. The Service and the App(s) may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
Communication
When you provide your mobile phone number, we may ask for your consent to receive text messages relating to our Services at that number, in accordance with applicable law. You may withdraw your consent by contacting us or by replying with "STOP" to any text message we send you. Please note that if you withdraw your consent to receive text messages from us, you may not be able to use some or all of our Services. Your mobile carrier's standard text message and data charges may apply to text messages you receive from us, and you are responsible for any fees charged by your mobile carrier if we contact you.
Changes to the Services, App(s) and Agreement
We may make improvements or changes in the information, services, products, and other materials through the Services or on the App, or terminate the Services and/or the App(s) at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Services or the App(s) will be deemed your acceptance of the modified Agreement.
Termination
This Agreement will continue to apply until terminated by either you or us. If you desire to terminate this Agreement and delete your account, contact us at support@meetava.com. Your account will be closed and your ability to log in deactivated immediately. To remove us from your mobile devices, delete the App(s). However, deleting the App(s) will not delete your account with us, it will only delete the data from the device. Therefore, in order to close your account for the Services, follow the instructions above for deleting your account with us. We may terminate this Agreement and your access to the Services and the App(s) at any time, for any reason or no reason, upon notice to you, to the e-mail address provided by you as part of your enrollment for your account with us. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services or the App(s).
Dispute Resolution
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Services or the App(s) will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply California law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, we retain the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we retain the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained in this Agreement. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Miscellaneous
The App(s) is intended to and directed to residents of the United States and all advertising claims contained on the App(s) are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement, the Services or the App(s) will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by us to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the App(s) or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Ava Finance and other logos, product, and service names are trademarks and service marks owned by or licensed to us or our affiliates (the "Marks"). Without our prior written permission, or our appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2020 Ava Finance. All rights reserved
Infringement Claims/Copyright Agent
If you believe that any material contained on the App(s) infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the App's Designated Agent who is:
By mail: DMCA Copyright Agent
c/o Ava Finance, Inc.
30211 Avenida de las Banderas
Suite #220
Rancho Santa Margarita, CA 92688
By email: legal@meetava.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Supplemental Terms for Ava
Reasonable Use
We may limit, modify, suspend, or take any other action regarding your use of the App(s), if it determines, in its sole discretion, that you are misusing the App(s) and/or that your use of the App(s) impairs our ability to provide the App(s) to other users. We will endeavor to notify users prior to suspending or terminating use of the App(s) and to give users the opportunity to modify their use appropriately.
Electronic Fund Transfers (“EFTs”) and Account Balances
Ava partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers and provide you with an Account. The Account allows you to store value and perform certain transactions through our platform. Evolve provides you with the Account pursuant to the terms and conditions of the Evolve Customer Account Agreement to which you agreed, available at http://www.meetava.com/evolve-customer-account-agreement. By registering, linking your external bank account, and authorizing any electronic payment, you also agree to Sila’s terms of service, https://www.silamoney.com/legal/terms-of-service, acceptable use policy, https://www.silamoney.com/legal/acceptable-use-policy, and electronic communications consent, https://www.silamoney.com/legal/sila-electronic-communications-consent (altogether, the “Partner Terms”). You must comply with the Partner Terms when creating or using your account with Ava. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference as part of the Terms of Use. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR ACCOUNT WITH US, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, MANDATORY ARBITRATION, AND YOUR RELEVANT RIGHTS AND LIABILITIES.