Last Updated: 11/20/2020
This Ahead User Agreement (“User Agreement”) sets forth a legal agreement between you (“you” or “your”) and Ahead Financials, LLC, its subsidiaries and affiliates (collectively, “Ahead”, “we”, “us” and/or “our”) regarding your use of the websites, mobile application (the “Application”) and/or technology platform (collectively, the “Services”) offered, operated or made available by Ahead. This User Agreement applies when you access, interact with, sign up for or use any of the Ahead Services and is binding as of the first date you access, use, interact with or sign up for any Services. Other aspects of the Services may be covered by other terms, conditions and agreements with Ahead or third parties such as financial institutions. THIS USER AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 20 BELOW, TITLED “DISPUTE RESOLUTION,” FOR MORE INFORMATION.
If any of part of this User Agreement does not make sense, please consult a legal expert for a clarification.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Use of Services; Updates
You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Ahead’s Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Application (the “Authorized Device”). You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Ahead may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Ahead Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Ahead Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates will be governed by this User Agreement (as amended by any terms and conditions that may be provided with Updates). Ahead reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
2. Eligibility; Privacy
The Services are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
Ahead has made a commitment to protecting the privacy of those who visit our websites and access the Services available therein. Ahead’s Privacy Policies are hereby incorporated herein by reference.
3. Registration: Accountholder Responsibilities
Certain areas of the Services are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of the Services, you will need the username and password you have created. You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Ahead in writing of any need to deactivate a username due to security or other concerns. Ahead is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Services using your username or password. You must immediately notify Ahead of any unauthorized use of your username or password and any breach of confidentiality. Until Ahead receives this notification from you, you will be held liable for any harm ensuing from the use of your username on the Services.
You hereby authorize Ahead, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.
You may not create more than one (1) Ahead account. Each unique mobile device may not be associated with more than two (2) user accounts. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated this User Agreement to the extent they are deemed by Ahead to have abused the Services, and may be subject to account suspension or closure.
4. Consent to Be Contacted by Telephone, Email or Postal Mail; Push Notifications
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
In connection with Your Ahead account, we may need or want to contact you from time to time in connection with your account or any product or service for which you have begun or completed the application process. By registering for an Ahead account or applying on our website or through our Application for any Services, you are consenting to be contacted by us by written notices, email messages, and text message on our website and through our Application for any Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your Ahead account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.
By agreeing to this User Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
5. Intellectual Property
The websites, Application, the content, any materials downloaded, and all intellectual property pertaining to or contained in our Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Ahead or third parties; all right, title and interest therein shall remain the property of Ahead and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws.
6. Use of Information and Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Ahead’s websites, Application, and Services including but not limited to unauthorized entry into Ahead’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Ahead and/or its affiliates.
8. User Conduct
By using the Services, you agree not to: (a) breach this User Agreement or any other agreement between you and Ahead or violate any Ahead policy; (b) access or use any part of the Services for any non-personal, commercial purpose; (c) access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation; (d) attempt to gain unauthorized access to any other user’s account; (e) modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services; (f) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (g) provide false, inaccurate or misleading information; (h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof (including any Application), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (i) modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or (j) copy, distribute, transfer, sell or license all or part of the Services; (k) transfer the Application to, or use the Application on, a device other than the Authorized Device; (l) intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (m) take any action to circumvent, compromise or defeat any security measures implemented in the Services; (n) use the Services to access, copy, transfer, retransmit or transcode information, Ahead logos, marks, names or designs or any other content in violation of any law or third party rights; or (o) remove, obscure, or alter Ahead’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.
9. Amendment of User Agreement
Ahead reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all Services without advance notice, except where required by applicable law. All modifications and additions to the Services shall be governed by this User Agreement, unless otherwise expressly stated by Ahead in writing. Ahead may, from time to time, modify the User Agreement. Please check this User Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this User Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified User Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the User Agreement in effect that the time the dispute arose. You can determine when this User Agreement was last revised by referring to the “Last Updated” legend at the top of then-current version of this User Agreement.
10. Termination and Effect of Termination
Without limiting other remedies, Ahead may immediately terminate or suspend your access to and/or use of the Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach this User Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Services at any time and for any reason or no reason. You may terminate acceptance of this User Agreement at any time by permanently deleting the Application in its entirety from the Authorized Device, whereupon (and without notice from Ahead) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this User Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Application from the Authorized Device.
You agree to protect and fully compensate Ahead and its affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of this User Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
12. No Warranty
THE INFORMATION AND THESE MATERIALS CONTAINED IN THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” AHEAD DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
13. Limitation of Liability
IN NO EVENT WILL AHEAD BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SERVICES OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AHEAD OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All information submitted to Ahead via the Services shall be deemed and remain the property of Ahead, and Ahead shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to the Ahead websites or Application provides Ahead through the Services. Ahead shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Ahead or as otherwise specifically required by law.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
16. Additional Terms
Certain sections or pages on the websites or the Application may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Without limiting the generality of the foregoing statement, any dispute relating to an Ahead product or service shall be subject to resolution in accordance with Section 20 (“Dispute Resolution”) below.
Ahead works hard to offer you products and services that it believes to be useful and reliable; however, Ahead does not provide, endorse, or guarantee these unaffiliated third-party products, services, or information nor does it guarantee their accuracy. Ahead is not liable for any third party’s failure with regard to such advertised products, services, and information.
17. Users Outside of the United States
Certain Ahead products may only be available in some states in the United States. You may not use or export or re-export any portion of this website in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. Ahead makes no representation that the documents, pages, images or other materials or content on the websites or Application are appropriate or available for use in jurisdictions outside the United States.
Ahead is not directed at children under the age of thirteen years old. Ahead does not knowingly collect personal information from children under thirteen years old from this website.
Except as otherwise required by applicable law, the User Agreement and the resolution of any disputes under Section 20 (“Dispute Resolution”) below, shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
You may not assign or transfer this User Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this User Agreement or any of our rights or obligations under this User Agreement at any time without notice.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this User Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this User Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of this User Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
20. Dispute Resolution
Any claim, dispute, or controversy (“Claim”) between you and Ahead arising out of or relating in any way to this User Agreement or your access to or use of the Services, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR AHEAD WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR AHEAD WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Ahead will pay the initial filing fee to commence the arbitration.
You and Ahead will have every remedy available in arbitration as you and Ahead would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this User Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of this User Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE SERVICES.