Last updated: May 10, 2021
Agreement to Terms
By using our Services or clicking “Continue” or “Agree and Continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or click “Continue.” Please retain a copy of these Terms.
Albert E-Consent Terms
Option for Paper or Non-Electronic Records
You may request any E-Communications in paper copy by contacting our third-party product partner directly (if the E-Communications are to or from that third-party product partner) or by sending an email to email@example.com (if the E-communications are to or from us). We or our third-party product partner, as applicable, will provide paper copies upon your request, but we and they reserve the right to charge a fee, in our discretion, for providing such paper copies. We and our third-party product partners will retain records of E-Communications in accordance with applicable law.
Scope of Consent
Your E-Consent applies to all interactions online concerning you and us (and/or our third-party product partners, as applicable) and includes interactions engaged in on any mobile device (whether smartphone, tablet or otherwise) or computer. By agreeing to these Terms, you are consenting to have us (and/or our third-party product partners, as applicable) process your information and interact with you electronically. We (and/or our third-party product partners, as applicable) may also send you E-Communications that are related to our (and their) interactions and transactions with you. E-Communications may be provided online through our App or Site, or our third-party product partners’ apps or websites, and may be provided by e-mail.
Consenting to Do Business Electronically
Before you decide to do business electronically with us and our third-party product partners, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
To access and retain E-Communications, you will need a mobile device or computer capable of accessing the Internet, access to an e-mail account and an Internet browser that supports 128-bit encryption. To read certain documents, you may also need a PDF file reader. To retain a copy of E-Communications for future reference, you will need a printer or a storage device with sufficient space, such as your computer's disk drive, or space to store screenshots on your mobile device. You may send any questions regarding the hardware and software requirements directly to us or to our third-party product partners.
Your consent to receive E-Communications will remain in effect until you withdraw it. You may withdraw your consent to receive E-Communications by sending an email to firstname.lastname@example.org. If you withdraw your consent to receive E-Communications, Albert reserves the right to either restrict or close your Albert Account in whole or in part, including all of your product-specific accounts such as Albert Savings, Albert Investing, Albert Instant, and Albert Cash. If we choose to close your Albert Account, we will return any remaining balances in your Albert Savings, Albert Investing, and Albert Cash Accounts and you will no longer be able to use any of our products or services.
Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive E-Communications will not apply to E-Communications provided by us to you before the withdrawal of your consent becomes effective.
Updates to Your Contact Information
You must keep us and our third-party product partners informed of any change in your phone number, email address or mailing address. You may update such contact information by logging into our Site or the App (and our third-party product partners’ websites, as applicable) or by sending us (and our third-party product partners, as applicable) a written update by mail.
You understand and agree that if Albert sends you an E-Communication but you do not receive it because your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive any E-Communications, Albert will be deemed to have provided the E-Communication to you.
Consent to Obtain Information from Third Parties
By creating an Albert Account, you understand and agree that you are providing instructions in accordance with the Fair Credit Reporting Act and other applicable law for Albert to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from third-party consumer reporting agencies, at any time for so long as you have an active Albert Account.
You authorize Albert to transfer your personal and financial information to our third-party product partners on your behalf, for the purposes of generating certain pre-approved loan or other product offers. You authorize our third-party product partners to obtain a copy of your consumer credit report and related information about you (what is sometimes called a “hard pull”), including financial information, from third-party consumer reporting agencies, and to use such information to provide pre-approved loan or other product offers to you.
You also understand that these Terms are not an application for credit and that finding a pre-approved offer is not a guarantee of approval.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you will not be allowed to use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALBERT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Description of Services
Through the Services, Albert monitors and analyzes your financial accounts, and based upon analytics, the Services provide you with automatically generated recommendations as to actions you can take regarding your financial situation. For example, Albert may recommend actions like repaying credit card debt with a low-interest loan, getting renters’ insurance, lowering credit card fees, or setting up a retirement plan. Albert has built relationships with various financial institutions so you can act on the recommendations provided through the Services if you choose to do so. For example, Albert’s analytics may identify funds in your bank account that could be put towards your savings, and the Services may subsequently offer to transfer the funds to a savings account that sits within the Services.
Albert also provides a subscription fee-based service called Albert Genius. Customers subscribed to Albert Genius have access to the Albert Investment Account (defined below) and also have the option of texting financial questions to Albert and receiving financial answers and advice.
The Services are provided to assist you in managing your own finances and decision-making. Neither Albert nor the Services are intended to provide legal or tax advice. Albert is not a bank or tax advisor. Your personal financial situation is unique, and therefore any information and/or recommendations obtained through the Services other than investing advisory services provided to you by Albert Investments, may not be appropriate for your own situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.
We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, being charged an overdraft or insufficient funds fee. We do not control the sequence in which the bank or other financial institution you hold a Bank Account with processes any charges. It is your responsibility to review the terms associated with your Bank Account and understand any policies regarding overdraft, insufficient funds fees as well as the manner in which the bank processes any charges. Notwithstanding the above, for certain Overdraft Fees (as described below) we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges.
The Content (as defined below) may contain typographical errors or other errors, inaccuracies or deficiencies, and may not be complete, accurate or up to date. We reserve the right to correct any error, deficiency, omission or inaccuracy in any Content or otherwise on our App at any time, but we do not guarantee that any such errors, deficiencies, omissions or inaccuracies will be corrected.
Eligibility to Use Services
You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Albert; (ii) are a United States citizen (or a legal U.S. resident); (iii) are the owner of the bank deposit account or a credit union share draft account with a U.S. financial institution (any such account, a “Bank Account”) that is connected to your Albert Account; and (iv) are not barred from using the Services under applicable law. We refer to a bank and a credit union interchangeably as a “bank”. If your Bank Account is a joint account, you represent and warrant that you have the authority to bind the absent account holder and to enter into these Terms.
Registration and Your Information
If you want to use the Services, you’ll have to create an account with Albert (an “Albert Account”), which requires you to connect your Bank Account or Albert Cash Account to Albert. Albert is not a bank and an Albert Account, is not a bank account. An Albert Account includes your agreements with Albert, along with any applicable service provider agreements, and gives you ownership of the funds you place in the Albert Savings Account (defined below) and the Albert Cash Account. You can create an Albert Account by using an email address and password via the App, and to the extent that the functionality of the Services allows it, via the Site. In order to create your Albert Account, you will also need to provide certain information requested by us, such as your name and cellular phone number. So that we can provide the Services to you, you may also need to provide the online credentials details of your Bank Account, such as the username, password and/or other credentials that allow you to access your Bank Account on the Internet.
For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third-party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. When you create your Albert Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:
- A copy of your government-issued photo ID, such as a passport or driver’s license;
- A copy of a utility bill, bank statement, affidavit, or other bill, dated within 3 months of our request, with your name and U.S. street address on it; and
- Such other information and documentation that we may require from time to time.
It’s important that you provide us with accurate, complete and up-to-date information for your Albert Account, the Albert Cash Account and your Bank Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Albert Account. You agree that you won’t disclose your Albert Account password to anyone and you’ll notify us immediately of any unauthorized use of your Albert Account. You also agree not to transfer your Albert Account to any third party. You’re responsible for all activities that occur under your Albert Account, whether or not you know about them.
Overdraft and Non-Sufficient Fund Fee Reimbursement Policy
Albert’s policy is to reimburse overdraft or non-sufficient fund fees (“Overdraft Fees”) charged by your bank or other financial institution as a direct result of automatic withdrawals or automatic payments initiated by Albert for the Services from your Bank Account at your bank or other financial institution subject to you providing Albert with documentation reasonably satisfactory to Albert of such Overdraft Fee. For example, automatic withdrawals to your Albert Savings Account, automatic payments of Genius subscriptions or repayments of an Albert Advance that result in an Overdraft Fee are eligible for reimbursement from Albert.
Overdraft Fees charged by your bank or other financial institution resulting from a transfer from your Bank Account initiated by you or another authorized signatory either as a withdrawal to an Albert Account or payment for Services are ineligible for reimbursement. For example, any transfers initiated by you or another authorized signatory on your Bank Account to an Albert Cash Account, Albert Investment Account or Albert Savings Account, or for payments for Albert Genius or an Albert Advance that result in an Overdraft Fee are ineligible for reimbursement from Albert.
The Albert Account which triggered an eligible Overdraft Fee must be active for you to receive reimbursement for such Overdraft Fee. Requests to reimburse Overdraft Fees must be submitted within 90 days of the original charge to be eligible for reimbursement. No reimbursements will be made for Overdraft Fees incurred as a result of a de-activated Albert Account. The total number of reimbursements by Albert for Overdraft Fees that you may receive in the aggregate is two.
Albert Savings Account
The Services allow you to use a savings account through the App that we call the “Albert Savings Account”. We use the term “Albert Savings” to refer to the Services associated with the Albert Savings Account. The funds in your Albert Savings account are FDIC-insured through our partner banks, Wells Fargo, N.A., Coastal Community Bank, or Axos Bank, as applicable. Albert may from time to time move the funds held in your Albert Savings Account to or from other FDIC-insured banks. Your funds and the funds of all other participants in Albert Savings are held in the name of Albert Corporation or one of our partner banks as custodian for your benefit and the benefit of those other participants. Albert’s system keeps track of how much money is yours. You are the legal owner of your money in the Albert Savings Account. Albert is not a bank and Albert has no ownership of any funds in the Albert Savings Account.
In certain instances when you open a new Albert Savings Account, or when you upgrade your current Albert Savings account, you acknowledge and agree that the banking services associated with your Albert Savings account are provided by Coastal Community Bank, Member FDIC.
Based upon our analytics, we identify funds in your Bank Account and Albert Cash Account that may be put towards your savings, and based upon your ACH authorization provided below, we may periodically transfer funds from your Bank Account and Albert Cash Account to the Albert Savings Account via ACH.
The funds in the Albert Savings Account are FDIC-insured up to $250,000 per user, subject to the FDIC’s rules about deposit insurance. For example, if you have a separate deposit account in your name at the same bank where Albert stores its pooled deposit accounts, then the FDIC may count the funds in your separate account towards the FDIC’s $250,000 insurance limit. We may from time to time move funds between the Albert Savings Account and another pooled custodial bank account maintained by Albert, for liquidity, backup and storage purposes, but this will not affect your ability to access the funds that are held in the Albert Savings Account on your behalf and you remain the legal owner of your funds. Your funds will remain in the Albert Savings Account until you instruct us to transfer any or all of your funds from the Albert Savings Account to your Bank Account or Albert Cash Account, as applicable, by requesting the transfer in the App. We will use commercially reasonable efforts to transfer your requested funds from the Albert Savings Account to your Bank Account or Albert Cash Account, as applicable, within 3 business days after we receive your request. It is important for you to know the amount of funds available to you in the Albert Savings Account before instructing us to transfer funds from the Albert Savings Account to your Bank Account or Albert Cash Account, as applicable. If you do not have sufficient available funds in the Albert Savings Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from the Albert Savings Account to your Bank Account or Albert Cash Account, as applicable, without notice to you upon the closure of your participation in Albert Savings and at any time if required by applicable law or if we, in our sole discretion, suspect that the Services are being used for illicit purposes or otherwise in violation of these Terms. In addition, we may freeze, withhold, or remit funds from your Albert Savings Account as required by subpoena, court order, search warrant, or other binding order from a governmental authority.
You may not use your funds in the Albert Savings Account to make purchases, withdraw cash from an automated teller machine or by any other means, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and Albert Cash Account and the funds maintained for you in the Albert Savings Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, fees you may incur as a result of maintaining insufficient funds in your Bank Account. While Albert does not charge Overdraft Fees, your Bank Account may. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. While we work hard to transfer funds from your Bank Account when we think you can afford it, we cannot guarantee that our calculation of what we think you can afford to save through Albert Savings won’t cause an overdraft or trigger an insufficient funds fee in your Bank Account. Notwithstanding the above, for certain Overdraft Fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy (above) for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges.
There is no minimum opening deposit requirement to open an Albert Savings Account and no fees charged by Albert associated with Albert Savings.
Your Authorization for ACH Debits and Credits
We will periodically recalculate the amount that we think you can afford to save each week, so the amount of each weekly debit from your Bank Account and Albert Cash Account, as applicable, may be more or less than the previous debit. You have the right to receive notice of any debit that would vary in amount from the previous week’s debit, but you agree that we only need to notify you in advance if a particular debit from your Bank Account or Albert Cash Account would be more than $500. (Our policy is that no single debit will exceed $500, so we expect not to provide you with advance notice of each ongoing debit from your Bank Account or Albert Cash Account.)
While you have automatic savings turned on, we will transfer money from your Bank Account or Albert Cash Account to the Albert Savings Account. We may vary the days of the week on which we initiate transfers. Some weeks we may not transfer any of your funds to the Albert Savings Account.
We try to avoid you incurring Overdraft Fees but, despite our efforts, your bank may charge you an Overdraft Fee for actions related to your Albert Account including but not limited to Albert initiating a withdrawal from your Bank Account for repayment of an Albert Advance or the transfer of funds to your Albert Savings Account or Albert Cash Account. Such fees are retained by your bank; we do not receive any portion of such fees. Notwithstanding the above, for certain overdraft or insufficient funds fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on your eligibility to receive such reimbursement.
You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Albert that you wish to revoke this debit authorization in one of two ways:
- turning off automatic savings in the App, or
- contacting us via the “Contact Support” link in the help center section of the App.
You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. Similarly, if you turn off automatic savings, that change in your settings may not take effect or stop a pending debit transaction for up to 3 banking days. If you turn off automatic savings or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.
In addition, by agreeing to these Terms, you authorize Albert to electronically debit your Bank Account and Albert Cash Account via ACH as follows:
- Amount of Debits: Subscription Fee as described below
- Frequency of Debits: once a month or once a year
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account or Albert Cash Account, as applicable, in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. This paragraph shall survive termination, discontinuation, or cancellation of the Services or your Account for any reason.
In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
Payments by Albert
Albert may choose to pay you based on the amount of money you hold in the Albert Savings Account and the length of time that the money is held in the Albert Savings Account. Albert may refer to such payments as “rewards”, “bonuses”, or other labels or designations. Albert may in its sole discretion begin paying such amounts, reduce such payments, change the methods of calculating such payments or discontinue making such payments altogether. Such payments by Albert or commitments to make such payments do not create or imply a debtor/creditor relationship between you and Albert. If Albert chooses to make such payments, then Albert’s obligation, if any, to do so is not guaranteed or insured by the FDIC or any other person. If Albert were to go out of business before paying accrued amounts, you likely would not receive those accrued and unpaid amounts.
Albert may also choose to pay you based on actions you take in the App, such as linking a bank account or signing up for Albert Genius, or other actions to be determined by Albert. Albert may refer to such payments as “bonuses,” “gifts" or other labels or designations. Albert may in its sole discretion begin paying such amounts, reduce such payments, change the methods of calculating such payments or discontinue making such payments altogether. These payments are only valid for bank accounts that have not been used with the App previously, and you are only eligible to receive a single type of payment once.
Payments by Albert may constitute taxable income to you, although Albert does not provide any tax advice and strongly suggests that you consult with your tax adviser on any tax questions.
Albert provides you with the option of using bill negotiation services from within the App offered by The Bill Reduction Company, LLC (“Billshark”). Billshark works on your behalf to negotiate a lower price on your bills. Billshark’s team of professional negotiators contacts and negotiates with your bill providers directly to get you the best possible rate. In order to use Billshark’s services, you will be required to confirm or provide certain personal, account, and payment information which we will submit to Billshark on your behalf. You acknowledge and agree that your use of Billshark’s services is governed by and subject to Billshark’s Customer Agreement). Please read the Billshark Customer Agreement carefully before deciding to use their services.
You may open a brokerage account through the App that we call the “Albert Investment Account”. Investment advisory services associated with your Albert Investment Account are provided by Albert Investments, LLC (“Albert Investments”), an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”). Albert Investments is a wholly owned subsidiary of Albert. Albert Investments provides investment advisory services (“Investment Services”) through the App and may also provide its advisory services via text message, over the phone, or in person.
When you elect to receive Investment Services, you agree to check the App regularly for communications from Albert Investments and agree to provide and update client information electronically through the App. Communications through the App may involve the electronic transmission to any email address you have provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information.
In order to access the Investment Services through the App, you must enter into all of the following: (i) an investment account management agreement with Albert Investments, and (ii) a securities brokerage and custody agreement with Apex Clearing Corporation (“Apex”), an SEC registered broker-dealer that provides brokerage services to Albert Investments, as well as custody, clearing, and settlement services for your Albert Investment Account (individually a “Client Agreement”, and collectively the “Client Agreements”). These Client Agreements, along with these Terms, collectively govern your relationship with Albert Investments with respect to the Investment Services.
You will use Apex’s application program interface (where applicable) and our mobile application to access the electronically stored copies of Client Agreements and other documents and communications related to your Albert Investment Account. You do not object to and will not challenge the enforceability or use of the electronically stored copies of the Client Agreements.
Before you enter into these Terms and the Client Agreements, you agree to read the disclosures regarding the Investment Services described in the Albert Wrap Fee Program disclosure involving discretionary investment advisory services sponsored by Albert Investments. You also agree to read the Client Agreements carefully before you agree to them, as they have the same legal effect as signing a paper version of these agreements. You understand that the Client Agreements may be modified and agree to check the Applications for any such updates. By keeping and using your Albert Investment Account, you agree to all of the terms and conditions, as modified from time to time, of these Terms and the Client Agreements.
While Albert does not charge Overdraft Fees, your Bank Account may. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and we cannot guarantee that a transfer of funds to your Albert Investment Account will not cause or trigger Overdraft Fees in your Bank Account. Notwithstanding the above, for certain Overdraft Fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges.
For more information about Albert Investments and additional disclosures, please see our Investments Notice.
Albert Insurance Services
Albert Insurance Services, LLC (“AIS”) is a wholly owned subsidiary of Albert that provides insurance quotes and products. All insurance quotes and products provided throughout the Services are offered through AIS, which holds a resident insurance license in California (license number: 0L55001) and non-resident licenses in additional states.
As part of the Services, premium rates quoted are provided through AIS’s insurance partner agencies, brokers, and/or insurance carriers. The premium rates and recommended coverage amounts displayed are for quoting purposes only and are made for general and informational purposes. AIS does not underwrite any insurance policy described on the App or quoted by our insurance partners.
While AIS works hard to show recommendations that fit your financial situation, any recommendation by AIS of coverages, amounts, rates, limits, terms or services is based solely on the information provided by you in the App. AIS is not responsible for any quotes provided as a result of inaccurate, incomplete, false, or fraudulent information provided by you. Please note that AIS does not make any warranties or representations regarding the quotes, terms, rates, coverage or services offered or made available by using this App. In addition, AIS does not guarantee that quotes, terms, rate, coverage or services offered on the App are the best available. Any quotes displayed are non-binding and final policy premium for any policy is determined by the underwriting insurance carrier selected by you. All policies applied for through the App are subject to submission of a final application to, and acceptance by, the insurance carrier selected by you. AIS may receive compensation for placement of your insurance from its insurance partners.
Albert offers a referral program (the “Referral Program”) that provides a cash bonus to you if you refer someone who becomes a Genius customer. Here is how it works:
- Invite your friends to download the App and subscribe to Albert Genius.
- For every friend you invite who is new to Albert, you are eligible to receive a bonus. Your bonus will appear in your Albert Savings account after your friend remains a Genius subscriber in good standing for the minimum period described in the App (“Minimum Period”).
- As a new Albert Genius subscriber, your friend will also receive a bonus in their Albert Savings account after remaining a Genius subscriber in good standing for the Minimum Period.
- You can invite as many friends as you want; however, we reserve the right to limit the number of bonuses you are eligible to receive at our discretion.
By participating in the Referral Program, you further agree to the following terms and conditions:
- The only compensation owed to you for each referral is as described above or in the Referral Program section of the App. If you violate the Terms or the terms of the Referral Program, you are automatically ineligible for receiving any compensation under the Referral Program.
- It is within Albert’s sole discretion whether to accept a user of the Services, including but not limited to friends you invite through the Referral Program.
- The intention of the Referral Program is to generate new Albert users who have created an Albert Genius account in good faith to use the products and services provided by Albert Genius. If we suspect that you or the friends you invite under the Referral Program are abusing, or attempting to abuse, the Referral Program, we may take any corrective action to discontinue such abuse, including but not limited to deactivating your and/or your friends’ Albert user accounts, and seeking recoupment of bonus payments made to you.
You agree and represent that you will not engage in any solicitation activities under the Program that violate federal or state law, and that you are not subject to an SEC order issued under section 203(f) of the Investment Advisers Act of 1940 (“Advisers Act”), you have not been convicted within the past ten years of any felony or misdemeanor involving conduct described in section 203(e) of the Advisers Act, you have not been found by the SEC to have engaged, or have been convicted of engaging, in any of the conduct specified in section 203(e) of the Advisers Act, and you are not subject to an order, judgment or decree described in section 203(e) of the Advisers Act.
Albert offers qualified users the ability to access “Albert Instant,” a service that provides a cash advance at no additional charge if made within three business days following the request, or for a one-time non-refundable fee if made on the same day of the request (each such advance, an “Albert Advance”).
To be eligible for Albert Instant, you must meet certain minimum qualifications, which are identified when you request access to Albert Instant, and which are also available in the help center section of the App. When you request access to use Albert Instant, you give Albert permission to review your Bank Account and Albert Cash Account transactions to ensure you meet these minimum requirements and any other requirements Albert may deem necessary to qualify for Albert Instant. When you request a same day Albert Advance, you give Albert permission to initiate an account authorization transaction to verify that the debit card information you provide is associated with the Bank Account or Albert Cash Account you selected to receive Albert Advances.
When you use Albert Instant, you also give Albert permission to initiate a withdrawal from your Bank Account or Albert Cash Account, as applicable, for the amount of the Albert Advance when we detect that you have received your next paycheck. Albert may initiate the withdrawal via ACH or by charging the debit card associated with your Albert Instant profile. If you have insufficient funds to repay Albert, you agree that Albert may, in its sole discretion, withdraw small amounts from your Bank Account and Albert Cash Account until the balance is repaid in full, or withdraw the full amount of the Albert Advance when sufficient funds are in your Bank Account or Albert Cash Account.
We offer Albert Advances on a nonrecourse basis. Consequently, we warrant to you that we have no contractual or legal claim against you for an Albert Advance, and we will not engage in debt collection activities, place the amount advanced with or sell to a third party, or make any reports to credit reporting agencies regarding your Albert Advance. However, we reserve the right to deny you access to Albert Instant if you (i) do not meet the qualification requirements, (ii) request an excessive number of Albert Advances in succession, or (iii) do not repay the full balance of an Albert Advance.
While Albert does not charge Overdraft Fees, your Bank Account may. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and we cannot guarantee that repayment of an Albert Advance will not cause or trigger Overdraft Fees in your Bank Account. Notwithstanding the above, for certain Overdraft Fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges.
Albert offers a debit card and account program that we call the “Albert Cash Account.” The services associated with the Albert Cash Account are provided by Albert Cash, LLC, a wholly owned subsidiary of Albert. The Albert Cash Account allows you to send and receive money via ACH, receive direct payments made to you by your employer, automatically transfer funds into your Albert Investing or Savings account, and use your Card to make purchases as further described below. Additional features such as early access to your paycheck and bill pay are further described in the App and on the Site.
Cardholder Agreement and FDIC Insurance
To create an Albert Cash Account, you must enter into the applicable cardholder or other account agreement with Sutton Bank (“Cardholder Agreement”). This Cardholder Agreement is between you and Sutton Bank, not Albert. The Cardholder Agreement, together with these Terms and applicable federal and state laws and regulations, collectively govern your use of your Albert Cash Account. If there is any inconsistency between these Terms and the Cardholder Agreement, the Cardholder Agreement will control.
The funds in your Albert Cash Account are held at Sutton Bank and are FDIC-insured up to $250,000, subject to the FDIC’s rules concerning deposit insurance. Albert is not a bank and Albert has no ownership of the funds in your Albert Cash Account.
By using the Albert Cash Account, you acknowledge and agree that your Albert Cash funds may be placed in one or more pooled accounts, and you will not receive interest from these funds. However, Albert may receive interest on Albert Cash funds held in these pooled accounts, and you irrevocably transfer and assign to Albert all rights that you may have to interest that may accrue on these funds.
For security purposes and to help protect against possible fraudulent and other illegal activity, Albert may limit the balance of your Albert Cash Account and the total number and amount of transactions in a given period (e.g., per day, per month, etc.). We may also delay or suspend your Albert Cash Account transactions to investigate unusual activity, and we may ask you to verify information associated with your Albert Cash Account or the transactions you initiate or receive to help combat fraud and other illegal activity.
The Albert Cash Card
Your Albert Cash Account is accessible through the App and comes with a virtual and physical payment card (“Card”) issued by Sutton Bank pursuant to a license by Mastercard® International Incorporated (“Mastercard”). Your Card can be used to make purchases anywhere Mastercard is accepted using the amount available in your Albert Cash Account. Your virtual Card will automatically be activated and ready to use once your Albert Cash Account is successfully created. To use your physical Card for in-person transactions, you must first activate the Card in the App and create a personal identification number (“PIN”). You can reset your PIN any time in the App.
You have the ability to freeze your Card in the App at any time if your physical Card has been lost or stolen or you otherwise suspect that your Card information has been disclosed without your knowledge or consent. Once you freeze your Card, Card transactions will be declined, but any transactions that are pending at the time your Card is frozen will continue to be processed. You can unfreeze your Card or order a replacement Card in the App any time. Albert is not responsible if your Card is stolen or used without your permission.
You can send payments to businesses and individuals by check through your Albert Cash Account. To send a check, you will need to provide the name and mailing address of each business or individual recipient you wish to send a check payment to, as well as any other information requested through the App or Site. You are responsible for verifying the accuracy of all information you provide to us for sending a check on your behalf. Checks will only be sent to mailing addresses located in the United States. There are no fees for sending checks through your Albert Cash Account, but there are limits on the amount per check and total amount you can send by check in a given period. You can view these limits and the minimum qualifications in the App or in the Help Center.
A check will only clear when there are available funds in your Albert Cash Account to cover the full amount of the check. If there are insufficient funds in your account to cover the check amount, the check will be returned unpaid. A check that was not deposited by the business or individual to whom the check was issued will be voided after 180 days. The full amount of the uncashed check will be credited back to your Albert Cash Account within 1-3 business days. We reserve the right to refuse to process a check payment to any business or individual if we have a good faith belief that doing so is reasonably necessary to prevent fraud or other illegal activity.
Checks will be sent on the business day following the date we process your request using standard U.S. Postal Service mail. Once you have initiated a request to send a check, we cannot prevent the check from being processed or the amount of the check from being deducted from your Albert Cash Account. Albert will not be liable for any loss or damage resulting from the inability to stop payment of a check.
Sending a check payment to government entities (such as tax payments) or making payments under a court order are initiated at your own risk. Albert will not be liable for any claims, losses or damages resulting from your initiation of such payments or have any obligation to investigate or resolve any claims that may arise. You will be solely responsible for resolving any misapplied, mis-posted or misdirected check payments sent to government entities or pursuant to a court order.
You can electronically deposit paper checks into your Albert Cash Account from your mobile device by taking a legible picture of both the front and back of your paper checks and submitting the check images for deposit in the App. The image quality must meet the requirements established from time to time by the applicable regulatory agency or clearing house, including the Board of Governors of the Federal Reserve Board.
There are no fees for depositing checks through your Albert Cash Account, but there are certain restrictions and requirements. You can view the restrictions and requirements in the App or in the Help Center.
Check images received for processing after 4:00 p.m. Pacific Time will be considered received the following business day. We are not responsible for check images we did not receive or for check images that are dropped during transmission. We reserve the right to reject any check for deposit at our sole discretion.
If you deposit a check and (i) the paying bank returns the check as unpaid; (ii) the paying bank requests repayment because the check has been altered, forged, unauthorized, is missing a signature or endorsement, or has a forged endorsement; or (iii) the sending bank or partner bank demands that we return the item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return demand and subtract the funds from your Albert Cash Account.
Unlike the traditional way of depositing a check at a physical location, you will retain the original paper check. You must sign each check and include the restrictive notation, “For Mobile Deposit Only” on the endorsement section of the check. After submitting the check for deposit in the App, you agree to retain the original paper check in a safe location for 30 days in the event there are any issues with processing any check images. Once you receive confirmation that your check has been submitted, you agree to prominently mark the original check as “VOID.” After the 30 days, you agree to destroy the original paper check.
You are prohibited from depositing the following: (i) checks payable to someone other than yourself; (ii) checks not payable in U.S. dollars; (iii) checks that are over 6 months old; (iv) checks payable on a future date; (v) checks that have been previously deposited at another financial institution; (vi) checks containing alterations; (vii) checks that are fraudulent; (viii) checks that have been returned for any reason; or (ix) cashier’s checks, substitute checks, or money orders.
You represent and warrant that: (i) you have good title to each check that you submit for deposit; (ii) the original check has not previously been deposited with any other financial institution; (iii) you have no knowledge or information to indicate that the check or deposit submission is fraudulent; (iv) you will immediately notify us in the event you suspect there are any errors with your check deposit.
Your Albert Cash Account number and bank routing number may be used to preauthorize initiating direct deposits into your Albert Cash Account. Direct deposit is available to Albert Cash Account users who currently receive direct deposit payments from their employer. The recipient’s name on any direct deposit payment we receive must match the name of the Albert Cash Account user. Any direct deposit payment received in a name other than the name registered to the Albert Cash Account will be returned to the originator. To set up direct deposit, you will need to follow the instructions provided for in the App.
You can earn rewards with your Albert Cash Account (“Rewards”) by making qualifying purchases with your Card. For the current list of participating merchants and offer terms, please check the App. Participating merchants and offer terms may be changed from time to time without notice. Rewards will be paid out to your Albert Cash Account balance. If you return, chargeback, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received Rewards, we reserve the right to remove any related Rewards amount from your Albert Account balance or withhold future Rewards to cover any such amount.
World Debit Mastercard Benefits
As an Albert Cash Account cardholder, you are eligible for additional benefits offered by Mastercard through the World Debit Mastercard program. These benefits can be found in the Mastercard Guide to Benefits.
Other Items to Note
If you violate these Terms or the Cardholder Agreement, or if we suspect you are engaging in fraudulent or illegal activity, we may suspend or cancel your Albert Cash Account, freeze your Card, and/or refuse to process any transaction with or without notice to you. In addition, we may freeze, withhold, or remit funds from your Albert Cash Account as required by subpoena, court order, search warrant, or other binding order from a governmental authority.
Subscription Fee for Albert Genius
We charge a fee (the “Subscription Fee”) for Albert Genius. Albert Genius gives you access to our financial advisors over text message, identifies funds in your Bank Account and Albert Cash Account that may be put towards your savings multiple times per week, and allows you to apply for an Albert Investment Account. The current amount of the Subscription Fee is disclosed in the App. We may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH authorization provided above. When paid monthly, the Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.
Power of Attorney
By creating an Albert Account and using the Services, you automatically authorize us (or our third-party service providers) to obtain, without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases (your “Financial Information”) as necessary to provide the Services to you. For the purposes of these Terms and solely to provide the Financial Information to you as part of the Services, you grant Albert a limited power of attorney, and appoint Albert as your attorney-in-fact and agent, to access third-party services, retrieve and use your Financial Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ALBERT IS ACCESSING AND RETRIEVING FINANCIAL INFORMATION FROM THIRD-PARTY SERVICES, ALBERT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SERVICE.
You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. For Bank Accounts, we make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Albert and our third-party service providers, Albert owns your Financial Information.
Notifications and Verification
In order to use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Albert Account via the App.
As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.
Offers for Financial Products
We will use your Financial Information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services.
The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. If we elect to use Feedback for marketing or advertising purposes, you acknowledge and agree that we may do so in any media format now known or hereafter developed without requiring your pre-approval and you are not entitled to any compensation for such use.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include Financial Information.
Content Ownership, Responsibility and Removal
Albert does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Albert and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Albert a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Albert on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Albert
Subject to your compliance with these Terms, Albert grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by Albert
Subject to your compliance with these Terms, Albert grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Albert reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Albert’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, Albert’s name, any Albert trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Albert’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Albert’s computer systems, or the technical delivery systems of Albert’s providers; Attempt to probe, scan or test the vulnerability of any Albert system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Albert or any of Albert’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Albert or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing an Albert trademark, logo URL or product name without Albert’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation or willingly violate, or attempt to violate, the terms of any program offered by Albert or Albert’s partners; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third-Party Websites or Resources
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via the “Contact Support” link in the help center section of the App or by emailing email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: “Your Authorization for ACH Debits and Credits” (pursuant to the terms set forth in that section, above), “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Termination”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that your participation in or use of the Services will not result in you being charged Overdraft Fees.
USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. ALBERT AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH THE FEDERAL DEPOSIT INSURANCE CORPORATION OR FINRA, AND ALBERT IS NOT A BANK, CREDIT UNION OR OTHER DEPOSITORY INSTITUTION. ALBERT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, ALBERT RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
YOU ACKNOWLEDGE THAT ALBERT IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. ALBERT MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ALBERT EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SAVINGS ESTIMATES, APPROVAL ODDS, OR RELATED INFORMATION, AVAILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.
You will indemnify and hold harmless Albert and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER ALBERT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALBERT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ALBERT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALBERT AND YOU.
Dispute Resolution by Binding Arbitration
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ALBERT. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Albert agree that the sole and exclusive forum and remedy for resolution of a Dispute shall be final and binding arbitration pursuant to this section entitled “Dispute Resolution by Binding Arbitration” unless you opt out as provided below. “Dispute” shall include any dispute, claim or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including our marketing activities, and (except to the extent provided otherwise in the paragraph entitled “NO CLASS ACTIONS”) the validity or enforceability of this “Dispute Resolution by Binding Arbitration” section, any part thereof, or the entire Terms. Disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”); (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) to bring an action seeking only injunctive relief.
Opt Out of Arbitration
You may opt out of the binding arbitration described in this section by sending Albert written notice of your desire to do so by email at firstname.lastname@example.org or regular mail at Attn: 340 S Lemon Ave #3801, Albert Corp, Walnut, CA 91789 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Albert with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to a Small Claims Action, IP Protection Action, or to bring an action seeking only injunctive relief, as expressly set forth above.
Judicial Forum for Disputes
In the event that (i) you or we bring an IP Protection Action; (ii) you timely provide Albert with an Arbitration Opt-out Notice; or (iii) this “Dispute Resolution by Binding Arbitration” section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.
WAIVER OF RIGHT TO LITIGATE
Unless you timely provide Albert with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND ALBERT ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
NO CLASS ACTIONS
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute Resolution by Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution by Binding Arbitration” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and Mediation Procedures and the Supplementary Procedures for Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution by Binding Arbitration” section. In the case of a conflict between the rules and policies of the administrator and this “Dispute Resolution by Binding Arbitration” section, this “Dispute Resolution by Binding Arbitration” section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. (The AAA Rules are available at https://www.adr.org/Rules) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution by Binding Arbitration” section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Affidavit For Waiver of Fees for qualifying California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Albert otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Albert submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Notwithstanding any language to the contrary in these Terms, the parties hereby agree: that the initial arbitration award (the “Underlying Award”) may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Albert changes this “Dispute Resolution by Binding Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Albert’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Albert in accordance with the provisions of this “Dispute Resolution by Binding Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Albert and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Albert and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Albert’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Albert may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Albert under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted by Albert. If your Albert Savings or Albert Cash Account is inactive for an extended period of time and considered by your state's law to be unclaimed or abandoned property, we'll attempt to notify you as required by your state's law. If, following our attempt to notify you, there's no activity in your account, we'll transfer those funds to the appropriate state government agency in accordance with applicable law.
All third-party names, trademarks, and service marks (including any logos and icons) (together, “Marks”) that are displayed on the Site or in the App are the property of their respective owners. Unless specifically and expressly identified as such, Albert’s use of such Marks does not indicate any relationship with, sponsorship by, affiliation with or endorsement by the owners of such Marks and Albert.
Albert’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Albert. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us via the “Contact Support” link in the help center section of the App or by emailing firstname.lastname@example.org.