PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE MYABUNDANT WEBSITE OR USING THE MYABUNDANT SERVICE, YOU AGREE TO BE BOUND BY THE (1) MYABUNDANT TERMS OF SERVICE, (2) MYABUNDANT E-SIGN CONSENT AGREEMENT, AND (3) MYABUNDANT PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE MYABUNDANT WEBSITE OR USE THE MYABUNDANT SERVICE. 

About the terms of service

These Terms constitute a binding legal contract between you and Abundant Servicing LLC and are in addition to any other agreements between you and myAbundant, including any other agreement, that govern your use of products, account, services, content, tools, and information available on the Website. If there is any contradiction between these Terms and any other agreement you enter into with myAbundant, the other agreement shall take precedence, but only to the extent of such conflicting terms. Terms related to the use of online services to your accounts that you have with Company (herein, your “Account”) are set forth hereof. You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR ANY CHILD UNDER 13 THAT IS UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

Website terms of service

Please read the following Terms and Conditions carefully before using this website or our Services (collectively, and individually referred herein as the “Terms”, “Terms of Service,” or “Terms of Use”). 

The myAbundant website is owned and operated by Abundant Servicing LLC, a New York Limited Liability Corporation (“myAbundant,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the Website, https://myabundant.com/, including any subdomain thereof, as well as any online features, services, account, use of social forums, blogs, posts, and programs offered by Company (collectively, the “Site” or “Website”), and the products and services offered to you by myAbundant. All use of the Website and the Content (as defined herein), including your Account on the Website (your “Account”), is subject to these Terms and myAbundant’s Privacy Policy. By accessing or using the Website, you agree to the following Terms, myAbundant’s Privacy Policy (the “Privacy Policy”), and all disclaimers and terms and conditions that appear elsewhere on this Website. You should review these Terms regularly as they may change at any time at the sole discretion of Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and downloaded from the Website.

Modifications

By using or accessing the Website, you agree that myAbundant may modify the Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms of Service will indicate your acceptance of the relevant modification and the Terms of Service as so modified.

It is your responsibility to review these Terms from time to time to see if modifications have been made. Any modification is effective immediately from and after myAbundant’s posting of such modification on the Website, or other update of the Website or the Terms of Service. You will know if these Terms of Service have been modified since your last visit to the Website by referring to the “Last Modified” date at the end of this page. myAbundant reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Payment plan servicing agreement

Our Servicing Agreement describes the terms of the invoice servicing or payment plan contract between you (“you”, “your”, “User”, “Customer”, “Client”) and the myAbundant Merchant, the creditor, who sold you the goods and/or services and the myAbundant Merchant’s assigned Servicer (“Servicer”, “we”, “us”, or “our”). When you apply and are approved for a payment plan with myAbundant, we extend to you the right to defer payment and/or pay in installments for goods and/or services provided by the myAbundant Merchant. You agree to pay us pursuant to the terms you selected at the initiation of your installment contract. You also agree that this installment contract will be assigned to myAbundant once you purchase the goods and/or services from the Merchant.

The Servicer agrees to service the agreement between Customer and Merchant for the purposes of billing and collection of payments, and the Customer consents to make payments to the Servicer for goods and/or services provided by the Merchant.

Merchant’s Invoice. The Customer agrees to pay the Merchant’s total invoice amount to the Servicer pursuant to the agreement between Customer and Merchant.

Payments. The Client agrees to make equal installment payments in accordance with the terms they chose at the initiation of the servicing agreement and shall continue until paid in full. The initial installment payment shall be due and payable at the signing of the servicing agreement.

Payment Method. Customer has the option to make payments via automatic ACH bank account debits or automatic Credit Card payments. If choosing Credit Card, Customer agrees to an additional 5% credit card processing fee. There is no additional processing fee if the Customer chooses ACH as their payment method.

Non-Payment Penalty / Default. Should the Customer default on payment and fail to cure or make payments within a reasonable amount of time, the Servicer has the option and authority to declare the entire remaining balance of the Merchant Agreement due and payable within five (5) business days. The Merchant has the right to terminate and or suspend all services and/or products provided to the Customer pursuant to the Merchant Agreement. The Servicer reserves the right to report any late or missed payments to all three credit reporting agencies or to any other entity for inclusion in any database for listing delinquent accounts which could result in a negative impact to the Customer’s credit report and/or credit score. The information reported will include the Customer’s name, email address, contract date, contract amount, billing address and any other information needed.

Prepayment. The Customer will not be penalized for early payment.

Refunds And Cancellation. Customer agrees that this agreement cannot be canceled or rescinded by Customer for any reason, and, except and otherwise provided herein, all payments are non-refundable.

Successors. In the event that either Party becomes deceased or otherwise incapacitated, their legal successors shall be fully responsible for upholding the terms of this agreement.

Servicing. The Merchant has retained Abundant Servicing LLC (“Servicer”) to service the payment obligations of this Agreement and enforcement of this Agreement. Client understands and agrees that Abundant Servicing LLC shall have the standing to enforce this Agreement on behalf of the Merchant in any legal proceeding, including the venue designated below.

Consent To Contact. By providing your contact information during the application process and electronically signing the Servicing Agreement, Customer expressly consents to receive automated phone calls, SMS/text messages and emails from Servicer and Servicer’s agents and affiliates. Customer understands that consent is not a condition of this agreement. Standard message and data rates may apply. Customer may opt-out of receiving these communications at any time by following the instructions provided in the message or by contacting Servicer directly.

Dispute Resolution. If a dispute arises out of the Servicing Agreement that cannot be resolved by mutual consent, the Customer and Merchant or the Servicer agree to attempt to mediate in good faith for up to 15 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

Limited Liability. Except as expressly provided in this Agreement, the Merchant makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the goods or services negotiated, agreed upon and rendered between Merchant and Customer, including the Merchant Agreement. In no event shall the Servicer be liable to the Customer for any indirect, consequential or special damages. Notwithstanding any damages that the Customer may incur, the Servicer’s and the Merchant’s entire liability under this Agreement, and the Customer’s exclusive remedy, shall be limited to the amount actually paid by the Customer to the Merchant under this Agreement for all goods or services rendered through and including the termination date. 

Entire Agreement. This document reflects the entire agreement between the Servicer and the Customer and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Servicer and the Customer. The Servicer or the Merchant shall not be held responsible and shall remain blameless for any adverse or other consequences, including but not limited to financial, personal, employment or other losses, arising out of decisions or actions the Customer may make as a result of the goods or services provided by the Merchant.

Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Waiver. The failure of any Party to enforce any provision(s) of this Agreement shall not in any way be construed as a waiver of any such provision(s) or prevent that Party thereafter from enforcing such provision(s) and each and every other provision of this Agreement.

Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the same instrument.

Attorneys’ Fees. In the event of any suit or proceeding brought to enforce any of the provisions of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its reasonable attorneys’ fees from the non-prevailing party.

Survival. Notwithstanding the termination or expiration of this Agreement, the Parties acknowledge that various terms in this Agreement shall survive such termination or expiration.

Headings. Section headings are included in this Agreement for convenience only and shall not be considered in interpreting this Agreement.

Your Eligibility. To be eligible to use the Services, you must be at least the age of majority in the province, territory, or state where you reside. You represent and warrant that you are eligible to use the Services.

Choice Of Law and Venue. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of New York. Any action to enforce or for breach of this Agreement shall be brought exclusively in the state or federal courts of New York. Customer agrees to waive personal service of process in any legal proceeding arising from this Agreement and accept service of process at the address listed below or any email address provided to Merchant or Servicer for communications.

Changes to this Agreement. myAbundant may decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE MYABUNDANT SERVICES AFTER CHANGES HAVE BEEN POSTED. If myAbundant makes any changes to this Agreement that it deems to be material, myAbundant will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.

Privacy Policy

Your privacy is extremely important to us. We encourage you to read the Privacy Policy, which explains how we treat your personal and aggregate information and protect your privacy when you are using the Website. By using the Website, you agree that myAbundant may use your information as set forth in the Privacy Policy. The Privacy Policy is hereby incorporated in these Terms by reference in its entirety.

Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with myAbundant will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that myAbundant and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to myAbundant by e-mail or other electronic communications or via the Website.

Acceptable use of the website; Conditions of your use

The Website is for your own personal use only. The Website is designed for individuals/businesses contemplating entering into an installment contract for goods and/or services provided by a myAbundant Merchant, or individuals/businesses interested in learning more about myAbundant and its products and services. You may only use the Website for one of these purposes.

Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between myAbundant and yourself (“Permitted Use”), including any purpose competitive to myAbundant or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or myAbundant’s products or services.

Your use of the Website is conditioned upon the following statements being true:

• You are at least the age of majority in the province, territory, or state where you reside;
• You represent and warrant that you are eligible to use the Services;
• You are able to form a binding contract with myAbundant;
• You are not prohibited by law from accessing the Website or have not previously been banned, terminated, or otherwise denied access to the Website; and
• You are not acting on behalf of a person whose access to the Website has been previously terminated or otherwise denied by us

Except as explicitly permitted by the Terms of Service, and without limiting anything else in these Terms, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever without the prior written consent of Company. You also may not redeliver any of the pages, text, images or other Content or the Website using “framing” or similar technology or for any purpose, including any attempt to impersonate myAbundant or any employee, representative or agent of myAbundant or otherwise create the appearance or suggestion that you have a relationship to myAbundant or that we have endorsed you for any purpose. Any unauthorized use of the Website, the Content, or any other intellectual property contained therein is strictly prohibited.

As conditions of your use of the Website, you agree to comply with the Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms of Service, you agree not to:

• Register for more than one account, or register for an account on behalf of an individual/merchant other than yourself;
• Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of myAbundant or any other person, otherwise mislead myAbundant as to your identity or financial status or condition, or attempt to do the same;
• Attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any myAbundant server or data contained therein (the “Materials”), including through hacking, password theft or any other means;
• Attempt or enable others to attempt to obtain any Materials or Content through any means that myAbundant has not intentionally made available on the Website including using any automatic process, such as data mining, robots or similar data gathering and extraction tools, to search or harvest information from the Website or attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by myAbundant or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome);
• Use the Website or the Materials in any manner (or any other conduct) that could damage, disable overburden or impair the Website or any myAbundant server or the network(s) connected to any myAbundant server or the availability or accessibility thereof, or that might interfere with any other person’s access to or use or enjoyment of any Materials;
• Use any Materials, data or Content or distribute any Content in competition with myAbundant or to its detriment in any way;
• Access, tamper with, or use non-public areas of the Website, myAbundant’s servers, computer systems, or the technical delivery systems of myAbundant’s service or hosting providers or lessors;
• Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble any of the software used to provide the Website or Content;
• Use, save, imbed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
• Use any Materials, data or Content or distribute any Content in competition with myAbundant or to its detriment in any way;

myAbundant does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to myAbundant or the Website. If myAbundant permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:

• Is commercial or promotional in nature, without the prior written authorization of myAbundant;
• Constitutes junk mail, unsolicited commercial messages (“spam”), chain letters, pyramid schemes or the like;
• Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically, religiously or otherwise objectionable, or otherwise violates the legal rights of others or capable of giving rise to legal action whether against you or myAbundant or any affiliate or a third party (in each case under any applicable law) or that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
• You do not have the right to make available under any law or under contractual or fiduciary relationships or obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
• Contains viruses, worms or any other computer, software or technological component, code, routine, script, malware, spyware, keystroke logger, Trojan horse, rootkit, files, application, or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

myAbundant reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, myAbundant does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against myAbundant or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding myAbundant’s rights under the Terms of Service, myAbundant does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.

You hereby grant Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business.

Use of communication services

Company’s Websites may contain or use other forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:

1. you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
2. advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
3. is vulgar, obscene, pornographic, or indecent;
4. threatens or abuses others; (v) is libelous or defamatory towards others;
5. is racist, abusive, harassing, threatening or offensive;
6. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
8. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
9. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
10. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
11. solicits funds, advertisers or sponsors for any purpose;
12. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
13. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
14. amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
15. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
16. contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials posted on, uploaded, or provided by you to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.

myAbundant’s intellectual property, copyrights, and identifying marks

All rights, title, and interest in and to the Website and the Content (as defined below) and any, and all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of myAbundant or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.

You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to the terms and conditions of the Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms of Service terminate or expire or your right to use or access the Website is terminated in accordance with below (“Termination; Survival of Provisions”). Without myAbundant’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by myAbundant.

Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by myAbundant or displayed on the Website without the written permission of myAbundant (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of myAbundant or any of its affiliates, directors, officers, or employees.

For purposes of the Terms of Service, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of myAbundant’s information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

Information and feedback you provide to myAbundant

By submitting information or other material to us, if any, you grant myAbundant a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the Terms of Service and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Content or the Website. You and myAbundant acknowledge and agree that any such Feedback is provided voluntarily. We will endeavor to consider and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or myAbundant’s, products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

Disclaimer of warranties; limitation of liability

The Website is provided to you on an “as is” and “as available” basis. Your use of the Website and any material you may access, download, or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

MYABUNDANT DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND MYABUNDANT SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS, OR INTERRUPTIONS THEREIN.

MYABUNDANT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. MYABUNDANT AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYABUNDANT OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

IN NO EVENT SHALL MYABUNDANT HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF MYABUNDANT (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE THAT MYABUNDANT’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST MYABUNDANT, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO MYABUNDANT FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT. YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED THEREIN ARE SUBJECT TO FEDERAL LAW, THE LAW OF THE STATE WHERE COMPANY MAINTAINS YOUR ACCOUNT, OR, IF COMPANY TRANSFERS YOUR ACCOUNT TO ANOTHER LOCATION, WHERE COMPANY CURRENTLY MAINTAINS YOUR ACCOUNT (“APPLICABLE LAW”).

You acknowledge that myAbundant has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives, and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of myAbundant or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the “Released Parties”) in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms of Service will protect the Released Parties as well as myAbundant.

Nothing in the Terms of Service shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.

Registration; Security and password

You may be presented with the opportunity to register for an account with myAbundant. You agree that the registration information you provide is accurate, complete, and current. We reserve the right to reject any registration, and you acknowledge and agree that myAbundant, in its sole discretion, may suspend or discontinue your access to or use of any portion of the Website at any time without notice to you. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). To register or access Online Services, you must provide Account-specific information to authenticate yourself (e.g., Account owner name, reference number, or other Personally Identifiable Information). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer or has unrestricted access to an Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and User ID without permission. When your Online Service is linked to one or more Accounts, Company may act on the oral, written or electronic instructions of any Authorized User regarding your service for those Accounts. It is your sole responsibility to notify Company if an Authorized User should no longer be given access to an Account through the Online Service.

Once you have registered, you will receive or will be able to create or input a User ID and password. You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all actions or activities that occur on the Website during any period of time in which your User ID is logged in to the Website, whether or not expressly authorized by you. You agree not to disclose your password to any third-party (except to any agent, representative or third-party service provider of myAbundant). myAbundant disclaims all liability, and you acknowledge and agree that we will not be liable for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your User ID or password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Company of any unauthorized use of your User ID, password or User Account, or any other breach of security by calling by calling, by sending an email to support@myabundant.com, or creating a support ticket in our online help center. If you become aware of any unauthorized use of, loss or theft of your User ID, password, or other account information or credentials, contact us immediately.

While your User ID, password, User Account information, and other data transmitted via the Website may be encrypted using a Secure Sockets Layer (SSL) protocol and are not expected to be read in an intelligible form as they travel to the Website, please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third-parties. Company is committed to protecting the security and confidentiality of information about you, your Account, and User Account. Company uses, and may use in the future, several different methods to protect your Account and User Account Information, including, but not limited to the following:

• The Online Service will automatically log off if prolonged periods of inactivity occur.
• Your session will terminate if you navigate away from the Online Service to another website.

Any personal data you provide regarding yourself will be handled in accordance with Company’s Privacy Policy.

Accurate Information

In creating a User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

You authorize Company to rely on the information you provide to us and your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made or agreement entered into using the Online Service. You also acknowledge and agree that if you permit another person to use the Online Service or give him or her your User ID and password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Company may comply with and use the Payment Instructions entered by any person using your User ID and Password subject to the terms set forth more fully hereof.

Electronic communication

When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. You acknowledge and agree that any communications between you and myAbundant are electronic and agree to receive these Terms, disclosures, notices, or other forms of communication (herein, individually and collectively referred to as “Communication”) required by Applicable Law and all other communications electronically to the email address you designate in your account profile at the time of applying for an account or provide to myAbundant. You further agree that all Communication that we provide to you electronically satisfies any legal requirement that such communications would satisfy if they were in writing. myAbundant will use reasonable efforts to honor any request you may have to opt out from receiving e-mails and/or SMS/MMS Text Messages. You hereby confirm and agree that your sole remedy in connection with any e-mail or SMS/MMS Text Message sent by myAbundant shall be to stop your use of the Website You should not rely on electronic communication if you need to communicate with Company immediately and, in no event, should your sole method of communication with Company regarding any emergency be by electronic communication. Company strongly suggests that you report all matters requiring immediate attention to Company by calling 1-866-393-8636 or sending an email to support@myabundant.com during our normal business hours of Monday to Friday, 9:00 am to 5:00pm Eastern Standard Time Zone. Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company. Contact myAbundant to obtain an itemized statement of account listing the balance with any payments made or fees assessed or to opt in or opt out in receiving SMS/MMS Text Messaging, simply reply “STOP” to any SMS/MMS Text Message and/or by clicking on the “Unsubscribe” link in any email received.

TCPA consent

Without limiting any other rights myAbundant or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing for us) communicating with you, in connection with your application or payment plan, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf or servicing the payment plan for us).

myAbundant (and/or any person or entity acting on our behalf or servicing the payment plan for us) may communicate with you using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such communications are informational communications and are not intended for the purpose of telemarketing.myAbundant (and/or any person or entity acting on our behalf or servicing the advance for us) may use such means of communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means.

Further, by providing us with your mobile number and opting-in, you give Company permission to send you account-related text messages, like payment reminders and notifications in conjunction with the services you have requested.

• The number of messages will vary by account.
• By providing us with your mobile number and opting-in, you agree you have ownership rights or permission to use the number given to us.
• Message and data rates may apply.
• To opt-out, text STOP to any text message we send you. An opt-out confirmation message will be sent back to you.
• To request support, email us at support@myabundant.com or create a support ticket in our help center
• If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
• Wireless carriers are not liable for undelivered or delayed messages.

Third-party websites and content

The Website may contain links to third-party websites. Any such link is provided only as a convenience. myAbundant has no control over any such other websites, the contents thereof or the products and/or services offered. The existence of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by myAbundant of any third-party website, any content or information contained therein or the products and/or services offered. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the myAbundant Website. You should read such terms and conditions and privacy policies carefully before using any such third-party website. Your access to and use of such linked websites is governed by the Terms of Service and privacy policies of those sites and shall be at your own risk. myAbundant is not responsible for the content of any third-party websites, nor does myAbundant make any warranties or representations, express or implied, regarding the content on any third-party websites, and myAbundant shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

Termination; Survival of provisions

Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms of Service, the permissions granted to you under these Terms of Service will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.

myAbundant’s Right to Terminate Your Use: myAbundant may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which myAbundant may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms of Service; (b) you have engaged in conduct which myAbundant, in its sole discretion, considers to be unacceptable; (c) myAbundant is required by law to do so; or (d) myAbundant no longer provides the Website. The above are only examples of circumstances in which myAbundant may terminate your right to use the Website and myAbundant may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Voluntary Termination by You: If you want to terminate your legal agreement with myAbundant under or consisting of these Terms of Service, you may do so by notifying myAbundant at support@myabundant.com.

Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) myAbundant’s Intellectual Property, Copyrights, and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and (iv) Miscellaneous will survive any termination or expiration of the Terms of Service for any reason.

Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with myAbundant (including any agreement) will not be affected in any way by the termination of the Terms of Service and any such other agreement between you and myAbundant will continue to be in effect in accordance with its terms.

myAbundant’s remedies

You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website will result in immediate and irreparable harm to myAbundant for which there is no adequate monetary remedy. If you violate the Terms of Service, myAbundant will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief, or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.

Without prejudice to myAbundant’s other rights under the Terms of Service, if you breach the Terms of Service in any way, myAbundant may take such action as myAbundant deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.

Indemnification

You agree to indemnify and hold myAbundant and the Released Parties from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, your myAbundant Account, any breach or alleged or claimed breach of the Terms of Service or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using your myAbundant Account, regardless of whether the specific use was expressly authorized by you.

Fair practices

You agree not to: (i) make any representations, warranties or guarantees on myAbundant’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to myAbundant or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, or by means of with respect to the Website.

Assignment

You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms of Service. myAbundant may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms of Service without notifying you or obtaining your consent.

Choice of law; Forum for disputes

The Terms of Service and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms of Service, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.

myAbundant and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms of Service (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and myAbundant each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and myAbundant each hereby irrevocably waive any, and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

Local laws

Company makes no representation or warranty that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with Applicable Laws. Company is not responsible for any violation of Applicable Laws. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. You further agree to comply with all Applicable Laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Availability

Information, Services, or products offered or published on the Website may contain references or cross-references to products, programs or services of the Company that are not necessarily announced or available in your area. Such references do not mean that the Company will announce any of those products, programs or services in your area at any time in the future. You should contact the Company for information regarding the products, programs, and services that may be available to you, if any.

Waiver of jury trial

MYABUNDANT AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.

Class action waiver

YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

Customer comments

We welcome the submission of comments, information, or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to these Terms and the Company Privacy Policy.

Miscellaneous

You acknowledge and agree that all rights not otherwise expressly granted to you by these Terms of Service are reserved to myAbundant. You agree that no joint venture, partnership, employment, or agency relationship exists between you and myAbundant as a result of the Terms of Service or any use of the Website. The failure of myAbundant to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, you and myAbundant agree that the court should give effect to your and myAbundant’s intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and myAbundant, nor trade practice, shall serve to modify any provision of the Terms of Service. For purposes of the Terms of Service, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.” Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.