Express Wages Terms and Conditions
Updated Date : May 1, 2023
These Express Wages Terms and Conditions (this “Agreement”) govern the access or use by you, an individual, of applications, websites, features, content, products, and services (the “Services”) made available by Express Wages, Inc. (“Express Wages”). The Services are made available only in the United States and may only be accessed or used by you from within the United States.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By registering for and/or accessing or using the Services, including using the Application (as defined below) or visiting the Express Wages website at www.expresswages.com (the “Site”), you (i) agree to be legally bound by the terms and conditions of this Agreement, which establishes a contractual relationship between you and Express Wages, and (ii) represent and warrant that you are of legal age in the state that you reside and have the right and authority to enter into this Agreement. The Services provided to you by Express Wages are subject to the terms and conditions of this Agreement and to the following, all of which are incorporated herein by this reference: (a) the terms or instructions appearing on the Application or the Site when enrolling for, activating, accessing or using the Services, (b) Express Wages’ Privacy Policy located at www.expresswages.com, which sets forth Express Wages’ collection and use of personal information in connection with the Services, and (c) any law, rule, regulation, ordinance, code or order to which govern or affect the Services or under which a party may exercise rights, including those relating to automated clearing house (ACH) transfers, electronic funds transfer, or privacy and security, and any export laws and regulations of the United States, as any or all of the foregoing may be amended and in effect from time to time (collectively, “Laws”). If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not seek to obtain or use the Services and should delete the Application from your phone.
The Services
The Services constitute a technology platform that enables qualified users of Express Wages’ mobile applications or websites provided as part of the Services (each, including all updates, new releases and versions thereto, an “Application”) to obtain earned wages prior to payday (each, an “Earned Wage Transaction” or “EWT”). The Services are made available to you through a relationship established by Express Wages with your employer (an “Employer Partner”) and payroll provider. You agree to use the Services for your personal use and only for lawful purposes. Your right to access the Services may not be transferred by you to any person or entity. YOU ACKNOWLEDGE THAT EXPRESS WAGES DOES NOT PROVIDE LOANS OR CREDIT SOLUTIONS. You do not pay interest on an EWT. Instead, your employer deducts the amount of the EWT from your next paycheck.
You will be solely responsible for obtaining, maintaining, and ensuring compatibility with the Services of any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, personal devices, modems, hardware, servers, software, operating systems, networking, and web servers. The mobile Application is intended to run on smart mobile phone devices. To use the Application, you must have a personal device that is compatible with the Application and Express Wages does not warrant that the Application will be compatible with all devices. Receiving and sending notifications and correspondences in real time using the Application requires a data plan and an Internet connection.
The costs of such data plan or Internet connection are subject to the agreement between you and your cellular communications provider and to the payments that apply to you thereunder.
Note that “location-based services” that utilize GPS technology to determine your location constitute a main feature of the mobile Application. The Services will not be provided if you do not agree to use this technology and so, by installing the Application and/or accepting this Agreement, you are agreeing to this use. You can read more about how Express Wages uses data from your smartphone in Express Wages’ Privacy Policy. Requesting an EWT does not require a check of your credit score.
Access to the Services
Express Wages has partnered with your employer and payroll provider to provide you access to the Services. However, to access and use the Services you must first register for and maintain an active user service account (“Account”). Account registration requires you to submit to Express Wages certain personal information, such as your first and last name, physical address, email address, telephone number, work history and related information, the bank account number and routing number associated with where your wages are directly deposited by your employer (“Bank Account”), and any additional information required by Express Wages. If you have a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You further agree that you will indemnify and hold Express Wages harmless from any claims by any other owner of the Bank Account.
In addition, prior to using the Services, Express Wages may be required to verify your identity. You authorize Express Wages to make any inquiries it considers necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or Express Wages cannot verify your identity, Express Wages can refuse to allow you to use the Services.
If you fulfill all these preliminary criteria and are not otherwise in violation of this Agreement, you may request up to 70% of your then available estimated net earned wages for the pay period at the time of your request or a daily maximum amount of $200, whichever is less. You may choose to have the EWT deposited into your Bank Account instantly the same day (approximately thirty (30) minutes from Express Wages receiving your request) or the next business day for a processing fee, or you may choose to have the EWT loaded on your Express Wages Mastercard debit card instantly the same day or the next business day. See the “Processing Fees” section below for additional information regarding applicable processing fees. Any EWT you receive will be deducted by your employer from your next scheduled paycheck. You agree to maintain accurate, complete, and up-to-date Account information in your Account always. Express Wages is not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Account information current. The following occurrences may result in your inability to access and use the Services or Express Wages’ termination of your Account and this Agreement:
· i. If you fail to maintain accurate, complete and up-to-date Account information or Bank Account information
· ii. If your employer is not a Partner Employer
· iii. If you have previously received an EWT but not repaid it
· iv. If you are delinquent in payment of any processing fees
· v. If your Bank Account is currently or was very recently overdrawn or otherwise not in good standing
Notwithstanding the foregoing, Express Wages may at any time immediately terminate this Agreement or generally cease offering or deny access to the Services or any portion thereof with respect to you, at any time for any reason.
You agree that Express Wages will not be liable to you or any third party for any termination of your access to the Services.
Further, your access and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that Express Wages, in its sole discretion, may elect to take. In no event will Express
Wages be liable to any party for any loss, cost, or damage that results from any period of downtime of the Site, Application or Services.
Passwords and Security
You will need to create a username and password to access your Account and the Services. You shall not give or make available passwords or other means of accessing your Account or the Services to any third party. If you give someone your username and password, you are authorizing that person to use your Account, and you are solely responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. You must notify Express Wages’ customer support immediately upon any suspicion that a password has been lost or stolen or that someone has attempted or may attempt to make EWT requests or otherwise use the Services without authorization. Express Wages will not have any liability to you for any unauthorized transfer made using your password that occurs before you have notified Express Wages of possible unauthorized use and Express Wages has had a reasonable opportunity to act on that notice. Accordingly, you should log into your Account regularly and review your transaction history for unauthorized transactions or access.
By using the Site and/or Services, you acknowledge and agree that this Agreement sets forth security procedures that are commercially reasonable. You agree to be bound by transactions initiated in compliance with these procedures, whether authorized, unless you have given Express Wages prior notice of possible unauthorized use as described above and Express Wages has had a reasonable opportunity to act on such notice.
You are solely responsible for the implementation of appropriate security procedures designed to prevent unauthorized access to the Services via your computer systems or personal mobile devices. You shall promptly notify Express Wages upon any suspicion or confirmation of inappropriate, unauthorized, or fraudulent use of the Services.
Rights Granted to Express Wages
By submitting information, data, passwords, usernames, other log-in information, materials, and other content to Express Wages through the Services, you are licensing that content to Express Wages solely for the purpose of providing the Services. Express Wages may use and store the content for the purpose of providing the Services to you. By submitting this content to Express Wages, you represent that you are entitled to submit it to Express Wages for use for this purpose, without any obligation by Express Wages to pay any fees or other limitations. To provide the Services, Express Wages connects to your Bank Account to retrieve your account transaction history. Express Wages uses your transaction history to determine your income and expenses. To provide the Services, Express Wages will also need to retrieve your earned but unpaid net wages, your upcoming employment schedule, and other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third Party Account Information”). Express Wages works with one or more third-party service providers to access this Third-Party Account Information. By enrolling in Express Wages, you authorize Express Wages to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to Express Wages. YOU ACKNOWLEDGE AND AGREE THAT WHEN EXPRESS WAGES IS ACCESSING AND RETRIEVING THIRD PARTY ACCOUNT INFORMATION FROM THIRD PARTIES, EXPRESS WAGES IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in your Account. Express Wages does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Express Wages is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
Authorization for ACH Debits and Credits
If you request an EWT, you authorize Express Wages to electronically credit your Bank Account or Express Wages Mastercard debit card for an EWT (less any applicable processing fees for any instant same day funding or next business day funding requests of an EWT). Additionally, you also authorize Express Wages to electronically debit your Bank Account to correct erroneous credits or to reimburse Express Wages for any test transaction amounts.You acknowledge and agree that the initiation and transmission of each debit and credit will be subject to, and made in accordance with, U.S. law and the Operating Rules of the National Automated Clearing House Association (“NACHA”).In addition to any of your other representations and warranties in this Agreement, you represent that: (a) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (b) the ACH transactions you hereby authorize comply with applicable Law.
The electronic authorization contained herein represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until the closure or termination of your Account or until you notify Express Wages that you wish to revoke this authorization by emailing Express Wages at support@ExpressWages.com and providing Express Wages a reasonable opportunity to act on it. When you email, please include the name and telephone number associated with your Account.
In addition, if Express Wages reasonably believes that you are using the Services or the Application to engage in criminal activity including but not limited to committing identity theft, fraud or other illegal activity, Express Wages will use the legal options available to it.
License to Express Wages Content
Subject to your compliance with this Agreement, during the term of this Agreement, Express Wages grants you a personal, limited, non-exclusive, non-sub-licensable and non-transferable license to access and use the Site, the Services, any Application and any information, data, text, images, content, materials, software, and features generated, provided or otherwise made accessible on or through the Site, the Services or any Application (collectively, “Express Wages Content”) solely for your use of the Services and at all times in accordance with this Agreement. All Express Wages Content is the proprietary information of Express Wages, or its licensors protected by copyright, trade secret and other intellectual property laws, and shall remain Express Wages’ property or the property of Express Wages’ licensors. Any rights not expressly granted herein are reserved by Express Wages and Express Wages’ licensors. This Agreement does not give you any rights in Express Wages’ or its licensors trademarks or service marks. Express Wages may terminate the licenses granted to you in this Agreement at any time for any reason or no reason. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement and will immediately and automatically terminate if you do not comply with any term or condition herein.
Restrictions on Use
You will not, and will not permit any third party to, directly or indirectly,
(a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Express Wages Content, except to the limited extent applicable Laws specifically prohibit such restriction;
(b) modify, translate, or otherwise prepare derivative works based on Express Wages Content or any part thereof;
(c) make any copies of Express Wages Content;
(d) use any portion of the Express Wages Content as a component of, or basis for, a database prepared for use by you or any third party or otherwise use any portion of the Express Wages Content except as expressly provided in this Agreement;
(e) publish, distribute, license, rent, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Express Wages Content or use the Express Wages Content to provide time sharing or similar services for any third party;
(f) link to, mirror or frame any portion of the Express Wages Content;
(g) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Express Wages Content or unduly burdening or hindering the operation and/or functionality of any aspect of the Express Wages Content;
(h) run any form of auto-responder or “spam” on any Express Wages Content;
(i) use manual or automated software, devices, or other processes to “crawl” or “spider” on any Express Wages Content;
(j) remove, circumvent, disable, damage or otherwise interfere with security related features of the Express Wages Content, features that prevent or restrict use or copying of any content accessible through the Express Wages Content, or features that enforce limitations on use of the Express Wages Content;
(k) input, upload, transmit or otherwise provide to or through Express Wages Content any information or materials that is unlawful or injurious, or contain, transmit or activate any harmful code;
(l) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner Express Wages Content, or provision of services to any third party;
(m) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any portion of the Express Wages Content, including any copy thereof;
(n) access or use Express Wages Content to communicate any message or material that is harassing, libelous, threatening, obscene or would violate the copyright or other intellectual property right or privacy right of any person or is otherwise unlawful or that would give rise to civil liability or that constitutes or encourages conduct that could constitute a criminal offense under any applicable Law;
(o) access or use Express Wages Content for purposes of competitive analysis or the development, provision or use of a competing software service or product or any other purpose that is to Express Wages’ detriment or commercial disadvantage;
(p) attempt to gain unauthorized access to or impair any aspect of the Express Wages Content or its related systems or networks; or (q) otherwise use the Express Wages Content except as expressly allowed under this Agreement. Neither title to nor intellectual property rights in the Express Wages Content are transferred to you by access to or use of the Services. You may choose to submit suggestions comments or ideas about the Express Wages Content, including without limitation about how to improve the Content (“Suggestions”). By submitting a Suggestion, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Express Wages under any fiduciary or other obligation, and that Express Wages is free to use the Suggestion without any additional compensation to you, and/or to disclose the Suggestion on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, Express Wages does not waive any rights to use similar or related ideas previously known to Express Wages, or developed by its employees, or obtained from sources other than you.
Conduct
You are responsible for all your activity in connection with the Services. You agree to comply with all applicable Laws in connection with your use of the Services. In addition, you will not, and will not permit any third party to, either
(a) take any action, or
(b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:
1. i. is unlawful, fraudulent or deceptive;
2. ii. you know is false, misleading, untruthful or inaccurate;
3. iii. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any Law or contractual duty;
4. iv. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Express Wages or of any third party;
5. v. impersonates any person or entity, including any of Express Wages’ employees or representatives; or
6. vi. Includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement.
Express Wages reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable Law or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Express Wages, its users or the public.
Account Cancellation and Termination
This Agreement, including any revisions, will remain in effect if you continue to access and/or use the Services. You may cancel your Account at any time by emailing Express Wages at support@ExpressWages.com. Upon closure, you will still be responsible for any outstanding EWT balance. Express Wages may terminate this Agreement and/or suspend your Account or access to the
Services at any time if you do not comply with any term or condition of this Agreement. Upon termination of your Account, this Agreement, or if you violate any term or condition of this Agreement, you must immediately stop using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Processing Fees
If you choose to have the EWT deposited into your Bank Account instantly the same day (approximately thirty (30) minutes after Express Wages receives your request), you agree to pay a flat processing fee of up to $4.95. If you choose to have the EWT deposited into your Bank Account the next business day after Express Wages receives your request, you agree to pay a flat processing fee of up to $3.50. There are no processing fees for placing EWTs on Express Wages Mastercard debit cards. Requests of EWTs for instant funding may be made at any time. Requests of EWTs for next business day funding must be made on a business day by 3:00 PM PST. Processing fees are not dependent on the amount of the EWT that you request from Express Wages. Processing fees are flat fees and represent Express Wages’ costs associated with processing an EWT on an expedited basis. Receiving payment of an EWT on an expedited basis is entirely at your discretion.
Processing fees are due and payable at the time of funding of the EWT by Express Wages into the Bank Account. Processing fees will be deducted from the gross amount of the EWT prior to Express Wages funding the EWT into the Bank Account. You may not request an EWT without registering for an Account. Further, your Account must be in good standing with Express Wages at the time of the EWT request.
Instant same day funding requests of an EWT (“Instant Funding Requests”) are generally processed within minutes of your request but could take up to 30 minutes in some cases. However, the financial institution that holds your Bank Account may take additional time to deposit the funds into your Bank Account. Express Wages cannot guarantee the timely delivery of funds as a result of a failure of another financial institution to act in a timely manner or other events beyond its control. In addition, the first time you make an Instant Funding Request, Express Wages will need to validate and register the debit card issued that is associated with your Bank Account (the “Debit Card”). If the Debit Card cannot be validated, the Instant Funding Request will be cancelled. In order to validate the Debit Card, Express Wages will process a test transaction for a nominal amount to your Bank Account. If the test transaction is completed, Express Wages will, in a separate transaction, debit the test amount from your Bank Account prior to funding the EWT associated with the Instant Funding Request. By authorizing Express Wages to process an Instant Funding Request and validate and register the Debit Card, you represent and warrant that you have a positive balance in your Bank Account. If you have a negative balance in your Bank Account, you may be subject to bank fees if Express Wages debits the test amount. Express Wages may also cancel the Instant Funding Request. You acknowledge and agree that Express Wages shall not be responsible or liable, directly, or indirectly, for any cancellation of an Instant Funding Request pursuant to this Agreement or for any bank fees charged because of having a negative balance in your Bank Account or otherwise as a result of providing the Services hereunder. Please note that Express Wages does not charge interest on any EWT balance. You will only be expected to repay the exact amount of the EWT requested. You acknowledge that the requested EWT may be less than the amount funded by Express Wages into the Bank Account if processing fees apply. Nevertheless, you are responsible for the repayment of the full amount of the EWT requested.
Upon distribution of the EWT to your Bank Account, Express Wages will notify your employer and the payroll provider that you have received the EWT as a prepayment of wages. Such notice will represent your acknowledgement that you have received a portion of your earned wages as a prepayment of wages in an amount equal to the EWT. You authorize your employer and/or payroll provider to deduct the full EWT amount from the next payroll cycle (or from any payroll cycle where the EWT remains outstanding.
All calculations of net earned wages and other information generated from the Services are estimates only and are further dependent on the accuracy and completeness of any payroll data and time and attendance logs provided by your employer and the payroll provider. Express Wages will not be responsible for the consequences of any such information being incomplete, inaccurate, not current, or otherwise deficient. By using the Services, you warrant that the amount of net wages that are payable, but not yet paid, for work that has been performed by you are just and due and that the amount of such net earned wages are greater than the EWT requested by you. If you have received an EWT, it may constitute fraud for you to notify your employer or the payroll provider that you have not received a portion of your net earned wages through your use of the Services. Links to Third Party Services
The Site may contain links to other third-party websites, services or resources on the Internet, or other websites, services or resources may contain links to the Site or the Services. These other resources are not under Express Wages’ control, and you acknowledge that Express Wages is not responsible for the content, functions, accuracy, legality, appropriateness, practices or any other aspect of such websites, services, or resources. When you access third party resources on the Internet, you do so at your own risk. The inclusion of any such link to a third-party website, service or resource does not imply Express Wages’ endorsement of the offerings of any of their operators or any association between it and their operators. You further acknowledge and agree that Express Wages shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party website, service or resource.
Advertisements
The Site and some of the Services may display advertisements and promotions. These advertisements may be targeted to Express Wages Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising permitted by Express Wages on the Site are subject to change without specific notice to you. In consideration for Express Wages granting you access to and use of Express Wages Content, you agree that Express Wages may place such advertising on the Site or Services.
Express Wages does not write, review or edit these advertiser’s content or their reliability and it will not be responsible for any liability arising from your use of any commercial content that is placed on the behalf of third parties. Only the advertisers will be liable for the commercial content and to any result of using them or relying on them. Placing advertisements does not constitute a recommendation, endorsement, or an encouragement to purchase the offered services and/or products. In addition, your dealings with or participation in promotions of advertisers found in the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Express Wages shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Service Updates
The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services. Such updates may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services. Such updates shall be subject to the terms and conditions of this Agreement.
Warranty Disclaimer
THE SERVICES AND ALL OTHER EXPRESS WAGES CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXPRESS WAGES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES.EXPRESS WAGES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR OTHER EXPRESS WAGES CONTENT, THAT THE SERVICES OR OTHER EXPRESS WAGES CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR OTHER EXPRESS WAGES CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPRESS WAGES FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.EXPRESS WAGES CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND EXPRESS WAGES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT EXPRESS WAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR OTHER EXPRESS WAGES CONTENT. EXPRESS WAGES MAKES NO WARRANTIES THAT YOUR USE OF EXPRESS WAGES CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES OR OTHER EXPRESS WAGES CONTENT BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS.YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES OR OTHER EXPRESS WAGES CONTENT REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXPRESS WAGES, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, DATA, USE, GOODWILL, PROFITS, OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS. EXPRESS WAGES WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL THE TOTAL LIABILITY OF EXPRESS WAGES AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EXPRESS WAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Express Wages makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals located in the United States.
Third Party Products and Services
EXPRESS WAGES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES. YOUR USE OF THIRD-PARTY PRODUCTS AND SERVICES IS AT YOUR OWN RISK. EXPRESS WAGES ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR CONCLUSIONS DRAWN FROM ANY THIRD-PARTY PRODUCT OR SERVICE.
Indemnity
You agree to defend, indemnify and hold Express Wages, its subsidiaries, affiliates, licensors, content providers, suppliers, employees, contractors, officers, directors, and representatives (the “Indemnified Parties”) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use and access of the Site, the Services or other Express Wages Content; (ii) any actual or alleged breach of your representations, warranties or obligations set forth in this Agreement; (iii) your violation of any applicable Law; (iv) your violation of the rights of any third party; (v) the actions or inactions of any third party to whom you grant permission to use your Account or the Services on your behalf; or (vi) any other party’s access and use of your Account or the Services with your unique login and password.
Service Modifications / Suspensions
Express Wages reserves the right at any time in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site, Application or Services (or any features or portions thereof, including any applicable fees), with or without notice to you. You agree that Express Wages shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Application or Services or any part thereof.
Governing Law and Jurisdiction
This Agreement and any disputes arising under or related to this Agreement will be governed by U.S. federal law and the laws of the State of Tennessee, without reference to its conflict of law principles. Subject to and without waiver of the Agreement to Arbitrate set forth below, you agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue of the federal courts in the State of Tennessee.
Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Arbitration
Except as explicitly provided in this Agreement to Arbitrate, any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to your use of the Services, Express Wages Content, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services or the Express Wages Content that cannot be resolved directly between you and Express Wages shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (collectively, the “AAA Rules”) then in effect, except as modified by this Agreement to Arbitrate.
The AAA Rules are available at www.adr.org. Since you are accessing the Services through an employer sponsored plan, you acknowledge and agree that your employer is a third-party beneficiary of this Agreement to Arbitrate.
The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of the Agreement to Arbitrate in this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope of enforceability of this Agreement to Arbitrate or the interpretation of the Prohibition of Class Actions section below, shall be for a court of competent jurisdiction to decide.
YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Pre-Arbitration Dispute Resolution and Notification
Prior to initiating an arbitration, you and Express Wages each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. Express Wages will contact you at the email address on record in your Account; you can contact Express Wages by email at support@ExpressWages.com. If after a good faith effort to negotiate for a minimum of thirty (30) days, either you or Express Wages feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. To initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Exceptions to Informal Negotiations and Arbitration
You and Express Wages agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Prohibitions of Class Actions
YOU AND EXPRESS WAGES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND EXPRESS WAGES 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER EXPRESS WAGES USERS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND EXPRESS WAGES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE PARTIES HEREBY APPOINT THE ARBITRATOR THE EXCLUSIVE POWER TO RULE ON ANY CHALLENGES TO THE REQUIREMENT FOR THE USE OF ALTERNATIVE DISPUTE RESOLUTION PROCESS IN THIS AGREEMENT TO ARBITRATE.
Arbitration Procedures
Either you or Express Wages can initiate arbitration. The arbitration will be conducted by a single arbitrator. If you and Express Wages cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. In order to make the arbitration most convenient to you, Express Wages agrees that any required arbitration hearing may be conducted, at your option,
(a) in the county where you reside;
(b) in the State of Tennessee;
(c) in any other location to which you and Express Wages both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $10,000, by solely the submission of documents to the arbitrator.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Express Wages will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Express Wages should be submitted by mail to the AAA along with your Demand for Arbitration and Express Wages will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Express Wages for all fees associated with the arbitration paid by Express Wages on your behalf that you otherwise would be obligated to pay under the AAA Rules.
Severability
Apart from any of the provisions in the Prohibition of Class Actions section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class Actions section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. These arbitration provisions will survive the termination of your relationship with Express Wages.
Opt-Out Procedure
If you are a new Express Wages user, you can choose to reject this Agreement to Arbitrate by mailing a written opt-out notice to Express Wages. The opt-out notice must be postmarked no later than 30 days after the date you accept this Agreement for the first time. You must mail the opt-out notice to Express Wages, Inc., Re: Opt-Out Notice, 8700 Trail Lake Drive West Suite 203 Memphis, TN 38125
Notices
Express Wages may give notice by means of a general notice on the Site, by electronic mail to the email address on record in your Account, by posting in your Account, or by written communication sent by first class mail to the address of record in your Account. Such notice shall be deemed given immediately upon posting to the Site or to your Account, six (6) hours after sending by electronic mail, or forty-eight (48) hours after sending by first class mail. Except as provided herein, you may give notice to Express Wages by delivery by nationally recognized overnight delivery service or first-class mail to Express Wages at the address listed below under “For More Information.” Such notice shall be deemed given when received by Express Wages.
Miscellaneous
Any cause of action brought by you against Express Wages or Express Wages’ affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Headings in this Agreement are used for convenience or reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
No delay or failure to enforce any provision of this Agreement shall constitute a waiver of any of any other or subsequent default or breach.
Except as expressly set forth in the Agreement, the exercise of any remedy under this Agreement will be without prejudice to other remedies available under this Agreement or otherwise. If any clause or provision set forth in this Agreement is held to be illegal, invalid, or unenforceable by a court, such clause or provision shall be struck, and the remaining clauses or provisions of this Agreement will remain in effect to the fullest extent under law. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.
You may not assign your rights and obligations under this Agreement to any third party without Express Wages’ prior written consent. Any attempted assignment or transfer in violation of this paragraph will be null and void. Express Wages may assign its rights or delegate its obligations hereunder without notice to you and without your consent. Subject to the foregoing restrictions, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.
Express Wages shall not be liable for delays, damages, or failures in performance due to causes beyond its reasonable control, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, acts of third parties and other causes or events beyond Express Wages’ reasonable control.
No joint venture, partnership, employment, or agency relationship exists between you, Express Wages, or any third-party provider of the Services because of this Agreement or use of the Services. This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement. You and Express Wages acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, each Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability and indemnification, as a third-party beneficiary thereof. Except as expressly stated herein, including the rights of the Indemnified Parties, there are no other third-party beneficiaries to this Agreement.
Changes to this Agreement
Express Wages reserves the right to modify, change or replace the terms and conditions of this Agreement and its policies relating to the Services at any time, in its sole discretion. Express Wages will post the revised terms and conditions of this Agreement or policies on the Site and update the revision date at the top of this Agreement (the “Amendment Date”). Continuing to use the Services after the Amendment Date constitutes acceptance of the revised terms and conditions of this Agreement. You agree to visit the Site periodically to review any such changes to this Agreement to ensure that you understand the terms and conditions that apply to your use of the Services.
Consent to Electronic Communications
When you use the Services or send emails to Express Wages, you are communicating with Express Wages electronically. Express Wages may communicate with you by email or by posting notices on the Site or on your Account or through the Application (to your mobile device) or the Services. You consent to receive communications from Express Wages electronically, unless and until you withdraw your consent as described below. You agree that all agreements, notices, disclosures, and other communications that Express Wages provides to you electronically satisfy any legal requirement that such communications be in writing. You should print a paper copy of this Agreement and any communication that is important to you and retain the copy for your records. If you withdraw your consent to receive communications electronically, you may not use the Services. Express Wages reserves the right, in its sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which Express Wages provides electronic communications. Express Wages will provide you with notice of any such termination or change as required by Law.
Withdrawal of Consent to Electronic Communications
If you have registered an Account with Express Wages and you later decide that you do not want to receive future communications electronically, you must close your Account by contacting support@ExpressWages.com and stop using the Services. There are no fees to close your Account with Express Wages. Any withdrawal of your consent to receive electronic Communications will be effective only after Express Wages has a reasonable period to process your withdrawal and only after all outstanding transactions have been settled.
Consent to Short Message Service (SMS) Communication As part of your consent to electronic communications, you agree to receive SMS messages to each telephone number provided by you to Express Wages regarding the Services. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Express Wages to contact you and to use the Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
Withdrawal of Consent to SMS Communications
If you have registered an Account with Express Wages and you wish only to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from Express Wages by replying “STOP” to any message you receive from Express Wages. Upon receipt of your “STOP” message, Express Wages will send you a SMS message to confirm that you have unsubscribed. At that point, you will no longer receive any further SMS messages from Express Wages.
For More Information
If you have any questions regarding this Agreement, please contact Express Wages by sending an email to support@ExpressWages.com.