Last updated July 31, 2025
The following terms and conditions (the “Terms” or “Terms and Conditions”) govern your use of the Klover Holdings, Inc. (“Klover”, “we”, "us”, “our”) websites, mobile application(s) (the “Mobile App”) (collectively, the “Platform”), services and applications offered, operated or made available by Klover (collectively, the “Services” or “Klover Services”). These Services include personal financial management service offerings provided or made available by Klover. Your use of any Services may also be governed by any other terms made available by us to you during the sales or onboarding process.
In these Terms, “Klover Account” refers to your account with us.
Please carefully review these Terms before using this Platform, accessing the Services, or accessing any data thereon in any way. The Klover Services are being provided to you expressly subject to these Terms, which govern your relationship with Klover and the Platform. By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms.
These Terms are a binding contract between you and Klover. Your use of the Platform or Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Platform or Services. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
These Terms cover important information about Services provided to you including information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND KLOVER SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH SECTION 17 BELOW. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHTS TO RESOLVE DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND TO PROCEED AGAINST KLOVER ON A CLASS OR REPRESENTATIVE BASIS. FOR FURTHER DETAIL, PLEASE REVIEW SECTION 17 OF THESE TERMS.
1. ACCEPTANCE OF TERMS & ACCOUNT ELIGIBILITY
These Terms create a legal obligation and form an essential basis of the bargain between you and Klover, its successors and assigns. By accessing, browsing and/or using the Platform or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Platform or the Services.
To use the Platform or the Services and to accept the Terms, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Klover, and 3) not prohibited by law from using the Platform or the Services. Klover may suspend or restrict your access to, or cancel, your Klover Account at any time, for any reason. By applying for, or using your Klover Account, you acknowledge that you have received a copy of these Terms and you understand and agree to them.
2. PRIVACY POLICY
These Terms include the provisions in this document as well as those in Klover’s Privacy Policy, which details how we handle and protect data, and by agreeing to these Terms, you also consent to our use and handling of data as described therein. We reserve the right to update the Privacy Policy at our discretion. Any changes made to our Privacy Policy are effective when the updates are made live through the Services.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@joinklover.com.
3. ACCOUNT INFORMATION ACCURACY AND UPDATES
To access Klover’s Services, you must create a Klover Account through the Platform. When you create a Klover Account, you will obtain a Login ID and password. During the process of creating a Klover Account, we will prompt you to provide us with certain information, such as, but not limited to, your name, mailing address, and email address (collectively “Account Information”).
You agree that any Account Information you provide will be accurate, current, and complete. Should any of your Account Information change, you agree to contact support@joinklover.com immediately to update your Account Information. You may not select as your Login ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You may only open one Klover Account. You may not maintain a joint account with another person and you cannot add an authorized user to your Klover Account. You agree that you will not allow another person to use or access your Klover Account and will not share your Login ID or password with other persons. You represent that you are a legal owner of, and that you are authorized to provide us with all Account Information and other information necessary to facilitate your use of the Services.
In order to use certain Services, Klover may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.
Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Klover Account through some other means, you agree to notify us as soon as possible at support@joinklover.com.
You represent and warrant that you are an individual of legal age to form a binding contract and you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Login ID, account or password with anyone, and you must protect the security of your Login ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Klover Login ID and Klover Account.
4. THIRD-PARTY ACCOUNT INFORMATION
To use the Services, you must give Klover permission to retrieve your account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We will use this information to provide you with the Klover Services that you request, for our own internal business purposes and to offer you other Klover products and services that may be of interest to you. By using the Services and integrating your account with any third party account or platform, you authorize Klover, as well as third-party service providers acting on Klover’s behalf, to access your Third-Party Account Information and you expressly authorize these third parties to disclose Third-Party Account Information to us.
You agree that you are responsible for maintaining the security of the passwords and usernames that you use to access any third-party sites and will keep those passwords and usernames up-to-date through the Services. Klover does not review Third-Party Account Information for accuracy, legality or non-infringement. Additionally, Klover is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You also acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
You understand that any Third-Party Account Information displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. ALL THIRD-PARTY ACCOUNT INFORMATION IS GENERATED OR MADE AVAILABLE BY THIRD PARTY PROVIDERS AND KLOVER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INACCURACY, INCOMPLETENESS OR STALENESS OF ANY THIRD-PARTY ACCOUNT INFORMATION ACCESSED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.
5. KLOVER+, KLOVER’S PERSONAL FINANCIAL MANAGEMENT SERVICES
Please see our Klover+ Subscription Page for more information about our Klover+ offerings and additional terms that may be applicable to your use of Klover’s Personal Financial Management Services, also known as Klover+.
6. KLOVER’S BALANCE ADVANCE SERVICE
6.1 Overview of the Balance Advance Service.
Klover offers a service that provides advances or “Balance Advance(s)” based on your anticipated income (“Balance Advance Service”). We require you to connect a Bank Account and debit card to your Klover Account so that you may receive Balance Advances and so that we may charge you for any Balance Advances or Express Fees, as described below. If you are an eligible user, you may request to receive a Balance Advance into your Bank Account at any time by logging into your Klover Account. The current applicable maximum limits for Balance Advance are available on our Pricing Page. Klover may deny your request for a Balance Advance at any time or for any reason.
Basic Balance Advances do not cost a fee. An Express Fee (described below) may be charged if you require an expedited Balance Advance. The Basic Balance Advance is not subject to the Klover+ subscription fee and may be accessed through the basic Klover services.
6.2 Express Fees.
You may request that Klover expedite disbursement of a Balance Advance by paying an optional fee (the “Express Fee”). The amount of the Express Fee and the anticipated processing time for such amount will be disclosed to you through the Services at the time you request a Balance Advance. If you agree to the Express Fee, we will charge your Bank Account or debit card the amount of any applicable fee at the same time that we charge you for the Balance Advance. This means that we will add the optional Express Fee to the amount of the Balance Advance when we charge you. If you do not receive your expedited Balance Advance within a few hours, please contact support@joinklover.com.
Please see our Pricing Page for a summary of the current fees associated with an expedited Balance Advance.
The Balance Advance Amounts that are available above are dependent on eligibility. Please note that the fees can be offset through use of points in your Klover+ account if you choose to apply those points to an expedited Balance Advance. Please see our Points Program Page for more information about how points can be converted into Balance Advance credits. These expedited fees are collected at the time of repayment of the advance.
6.3 Balance Advance Charges.
We reserve the right to charge your Bank Account or debit card for the amount of a Balance Advance, including fees, any time after the later of: (1) a date on which we see evidence of income (such as a paycheck) deposited into your Bank Account or (2) the date selected by you through the Services. However, Klover warrants that it has no legal or contractual claim against you based on our inability to charge you or repay Balance Advance funds, but Klover may suspend your access to the Services until we are able to charge your Bank Account or debit card for a Balance Advance in full. With respect to a failure to receive the amount for a Balance Advance in full, Klover warrants it will not engage in any debt collection activities, place any amount we are unable to charge with or sell it to a third party, or report you to a consumer reporting agency. Klover does not waive any rights regarding fraudulent activity and will pursue instances of fraud. Klover is a non-recourse product and Klover users have no obligation to repay their Balance Advances. However, in the event that you do not repay your Balance Advance, Klover may limit the Services it provides you.
6.4 Overdraft and other Fees Assessed by Your Bank.
Klover is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees you are charged because you fail to maintain a sufficient balance in your Bank Account, including any overdraft resulting from a debit initiated by Klover.
6.5 Voluntary Contributions.
If you are a user of the Klover Balance Advance, you will be presented with the option to offer a voluntary contribution based on your experience with the Klover Services. Please note that this is completely optional as a user and your Service will not change if you choose not to make a voluntary contribution.
6.6 Users in Connecticut.
Users in Connecticut may access all of Klover Services, but do not have access to paying Express Fees. Users in Connecticut may access Klover’s Services through the accrual and use of points as described below in Section 9.
7. FEE REFUNDS
Express Fees and voluntary contributions are non-refundable.
8. CREDIT AND DEBIT AUTHORIZATION
By requesting any Balance Advances, you authorize Klover to credit Balance Advances to your Bank Account. We will separately obtain a “Payment Authorization” from you to debit your Bank Account or charge your debit card, as applicable. The terms of the Payment Authorization constitute a part of these Terms and are incorporated by reference. If you enroll in the Personal Financial Management Services (Klover+), you authorize Klover to electronically debit your Payment Method for the applicable Klover+ Subscription Fee once each month. As applicable, you also authorize Klover to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than Klover’s then-current subscription fees as communicated to you through the Services or on our Pricing Page. (Our policy is that no single debit will exceed our then-current monthly subscription fee amount, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Klover that you wish to revoke this authorization by emailing support@joinklover.com. Please note that deleting your Klover account does not automatically revoke ACH access. If you wish to affirmatively revoke Klover’s access to ACH, please email us at support@joinklover.com. You must notify Klover at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you email, please include the name and telephone number associated with your Mobile App user account. Failure to provide the correct and complete information may make it impossible for Klover to stop withdrawal of the preauthorized transaction.
See Section 23 below for more information about your rights associated with electronic funds transfers.
8.1 Credit and Debit Indemnities, Warranties and Representations.
YOU AGREE TO INDEMNIFY AND HOLD KLOVER HARMLESS FROM AND AGAINST ANY LOSS INCURRED AS A RESULT OF A DEBIT OR CHARGE (COLLECTIVELY IN THIS SECTION “TRANSACTION”) TO YOUR BANK ACCOUNT OR DEBIT CARD IF ANY OF THE INFORMATION RELIED UPON IN YOUR REQUEST TO STOP A PAYMENT IS INCORRECT OR INCOMPLETE. IF YOU HAVE FOLLOWED THE INSTRUCTIONS IN YOUR PAYMENT AUTHORIZATION TO NOTIFY KLOVER OF YOUR DESIRE TO REVOKE YOUR AUTHORIZATION AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED TRANSACTION DATE. IF WE DO NOT RECEIVE NOTICE AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED TRANSACTION DATE, WE MAY ATTEMPT, IN OUR SOLE DISCRETION, TO CANCEL THE TRANSACTION. HOWEVER, WE ASSUME NO RESPONSIBILITY FOR OUR FAILURE TO DO SO.
YOU WARRANT AND REPRESENT TO KLOVER THAT YOU HAVE THE RIGHT TO AUTHORIZE US TO DEBIT, CHARGE, OR CREDIT (AS APPLICABLE) YOUR BANK ACCOUNT OR DEBIT CARD FOR PAYMENTS DUE TO US UNDER THESE TERMS. IF YOU HAVE A JOINT BANK ACCOUNT, YOU REPRESENT AND WARRANT, UNLESS PROHIBITED BY LAW, THAT YOU HAVE THE AUTHORITY TO (A) BIND THE ABSENT ACCOUNT HOLDER; AND (B) AGREE TO THESE TERMS INDEPENDENTLY. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD KLOVER HARMLESS FROM ANY CLAIMS BY ANY OTHER OWNER OF THE BANK ACCOUNT OR DEBIT CARD.
YOU REPRESENT THAT THE TRANSACTIONS YOU REQUEST COMPLY WITH APPLICABLE LAW.
YOU REPRESENT THAT YOU ARE CAPABLE OF SAVING OR OTHERWISE STORING A COPY OF THIS ELECTRONIC AUTHORIZATION FOR YOUR RECORDS, AND THE CREDIT AND DEBIT TRANSACTIONS YOU REQUEST COMPLY WITH APPLICABLE LAW.
8.2 Disputed Charge Terms of Service.
As stated within these Terms, you acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for ACH and debit card transactions as provided herein and will remain in full force and effect until you notify Klover that you wish to revoke this authorization by emailing support@joinklover.com.
We acknowledge that, while we cannot prevent you from pursuing a claim with your bank for a fraudulent or disputed charge for any repayment of a Balance Advance, we would like to present you with other options in handling these situations. If your bank account or debit card has been lost or stolen, or you believe you are the victim of fraudulent activity, please reach out to our team at support@joinklover.com so that we can work with you and your bank to resolve the issue.
If you would like to cancel your Klover+ membership and would like to inquire about a refund for your most recent Klover+ membership fee, again, please contact us at support@joinklover.com.
Should none of these options suit your needs and you do decide to pursue a disputed charge with your bank for any Balance Advance repayment transactions, please note that our team takes these disputes seriously and will be submitting evidence documentation to your bank, which includes your agreement to these Terms which authorizes Klover to debit your bank account or debit card for Balance Advance repayment. Your Klover account will be temporarily disabled while the dispute process is ongoing, and your Klover account will be permanently disabled should we receive multiple disputes for your account.
9. KLOVER POINTS PROGRAM
Please see our Klover Points Program Page for more information about our Points Program and available rewards.
10. CONSENT TO CONTACT YOU
As part of the Services, you may receive communications from us through the Services, including through prerecorded and artificial voice messages, SMS and text messages, email, and automated dialing systems ("Communications"). When signing up for the Services, you may receive a welcome message, for example, and we may contact you with service-related information, or questions about your use of the Services and/or your Klover Account. By signing up for the Services and providing us with your wireless number, you confirm that you want Klover to send you information regarding your account or transactions with us and other information that we think may be of interest to you, which may include Klover using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Klover, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Klover. You further agree that we or third parties acting on our behalf (such as our agents, representatives, affiliates, etc.) may contact you at any telephone numbers you have provided to us even if they are for a cellular device and our contact results in charges to you. You certify, warrant and represent that any telephone number you have provided to us is your current contact number and that you are permitted to receive calls and text messages at that number. You agree to promptly alert us whenever you stop using a telephone number. Klover and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails or other means. You agree to indemnify and hold Klover harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time-to-time, for any reason, and without notice.
You may withdraw your consent to receive Communications electronically by exercising available opt-outs in Communications or by contacting us at support@joinklover.com. If you withdraw your consent, we reserve the right to limit or close your Klover Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to Klover such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
11. LIMITATIONS ON USE
11.1 Use of the Platform and Services.
You agree to use the Platform and Services only for lawful purposes. You will not use the Platform or Services to violate any applicable law, regulation, rule or ordinance of any nation, state, or locality or of any international law or treaty. You will not use the Platform or Services in a manner that could give rise to any civil or criminal liability or that is unauthorized. Unauthorized uses include, but are not limited, to unauthorized entry into Klover’s systems, misuse of passwords, or misuse of any information posted on the Platform or through the Services. Klover makes no claims concerning whether use of the Platform or Services is appropriate outside of the United States. If you access the Platform or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not: 1) try to reverse engineer, disassemble, decompile, or decipher the Platform or the Services or software making up the Platform and Services, 2) navigate or search the Platform or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Klover’s provided interface(s) to access the Platform or the Services, 4) use the Platform or the Services in a way that could impair, overburden, damage, or disable any portion of the Platform or Services, or 5) mirror any material contained on the Platform or the Services.
You also represent, warrant and agree that you will not provide, contribute or upload anything to the Services or otherwise use or interact with the Platform or Services in a manner that:
(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Klover);
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Klover;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your Klover Login ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or any content made available through the Services (through use of manual or automated means), including any Klover Materials;
(i) copies or stores any significant portion of the content made available through the Services, including any Klover Materials; or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
11.2 Failure to Adhere to Limitations on Use.
Klover reserves the right to take various actions against you if we believe you have engaged in activities restricted by these Terms or by laws or regulations. Klover also reserves the right to take action to protect Klover, other users, and other third parties from any liability, fees, fines, or penalties. If you fail to comply with this section, we may take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or revoking your access to the Platform or the Services, 3) suspending or terminating your ability to continue to use the Platform or the Services, 4) taking legal action against you (note, as described in Section 6.3, that Klover will not take action against you if we are unable to charge you for a Balance Advance), 5) holding you liable for the amount of Klover’s damages caused by your violation of these Terms.
12. SUSPENSION OR TERMINATION OF YOUR ACCOUNT
Klover may suspend, cancel, limit, or revoke your access to and use of the Platform or the Services and/or terminate these Terms and the agreement between you and Klover or your Klover Account at any time without notice, with or without cause, in our absolute discretion, to the extent permitted by applicable laws. The following sections of these Terms shall survive termination: Indemnification, Disclaimer of Warranties, Limitation of Liability & Unforeseen Circumstances, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions (Entire Agreement; Assignment; Other Rights), and any other section that by its terms survives termination.
Klover further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Platform or Services at any time with or without notice, as permitted by applicable laws. Please note that termination of your account will not automatically result in return or destruction of your data – please contact our support team to request deletion.
13. INTELLECTUAL PROPERTY RIGHTS; CONTENT ON THE SERVICES
The Platform and the Services are owned and operated by Klover. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Klover Materials”) are owned exclusively by Klover or the licensors or suppliers of Klover and are protected by U.S. copyright, trade dress, patent, trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Platform or the Services or any content made available through your use or access thereto should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Klover Materials displayed on the Platform or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Klover Materials found on the Platform or the Services unless in accordance with written authorization by us. Klover prohibits use of any of the Klover Materials as part of a link to or from the Platform or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Klover Materials, including whether any mark or logo is a Klover Material, should be referred to Klover. All rights related to the Klover Materials are hereby reserved.
You agree that the Klover Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Klover. You acknowledge that the Klover Materials are and shall remain the property of Klover. You may not modify, participate in the sale or transfer of, or create derivative works based on any Klover Materials, in whole or in part.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Klover. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Klover is not responsible for such risks.
Klover has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Klover will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
14. DISCLAIMER OF WARRANTIES
THIS PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, KLOVER AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “KLOVER PARTIES”) DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM OR THE SERVICES IS AT YOUR SOLE RISK.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE KLOVER PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE PLATFORM OR THE SERVICES.
THE KLOVER PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE PLATFORM OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
KLOVER DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE PLATFORM OR THE SERVICES. KLOVER IS NOT A LAWYER, TAX ADVISOR, BROKER,OR FINANCIAL PLANNER. YOU SHOULD CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE YOU IMPLEMENT ANY FINANCIAL STRATEGY OR MAKE ANY OTHER FINANCIAL DECISIONS.
15. LIMITATION OF LIABILITY & UNFORESEEN CIRCUMSTANCES
THE KLOVER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE AND INCLUDING LIABILITY FOR DAMAGES, LOSSES OR CAUSES OF ACTION), IS LIMITED TO USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS).
YOU ACKNOWLEDGE THAT THE KLOVER PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING UNDER OR RELATING TO THESE TERMS AND YOUR USE OF THE PLATFORM OR THE SERVICES, THE KLOVER MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE PLATFORM OR THE SERVICES, EVEN IF KLOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE KLOVER PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE PLATFORM OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE PLATFORM OR THE SERVICES.
YOU ACKNOWLEDGE THAT OUR SERVICES MIGHT BECOME UNAVAILABLE FROM TIME TO TIME DUE TO CIRCUMSTANCES NOT IN OUR CONTROL (SUCH AS FIRES, FLOODS, NATURAL DISASTERS, SYSTEM FAILURES OR OTHER UNFORESEEN EVENTS). WHEN THIS OCCURS, YOU MAY NOT BE ABLE TO ACCESS YOUR KLOVER ACCOUNT OR THE PLATFORM OR THE SERVICES TO REQUEST A BALANCE ADVANCE OR FOR ANY OTHER PURPOSE. WE ARE NOT RESPONSIBLE OR LIABLE IF THIS HAPPENS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM AND THE SERVICES.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Klover Parties from and against any and all causes of action, claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Platform or the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any matter without the prior written consent of Klover.
17. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND KLOVER. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS PROVIDED BELOW. THIS ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS (A) YOU ARE ELIGIBLE TO RECEIVE BENEFITS UNDER THE MILITARY LENDING ACT BY BEING A COVERED MEMBER OF THE MILITARY PERSONNEL OR YOU ARE A SPOUSE OR LEGAL DEPENDENT OF A COVERED MEMBER OF MILITARY PERSONNEL AT THE TIME YOU OPEN YOUR ACCOUNT OR (B) YOU PROMPTLY REJECT THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN SECTION 17.3.
17.1 Election to Arbitrate.
You and Klover agree that the sole and exclusive forum and remedy for resolution of a Claim will be final and binding arbitration pursuant to this Section 17 (the “Arbitration Agreement”), unless you opt out as provided in Section 17.3 below. The scope of this Arbitration Agreement is to be given the broadest possible interpretation that is enforceable.
As used in this Arbitration Agreement, “Claim” means any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you) and Klover, including without limitation disputes relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including your relationship with us and your use of the Platform or the Services. “Claim” has the broadest reasonable meaning and includes matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. It includes any claim, defense, or dispute concerning the formation, existence, validity, enforceability, revocation, or scope of this Arbitration Agreement, any part thereof, or the entirety of the Terms. Claims are subject to arbitration regardless of whether the remedy sought is legal or equitable, including claims for compensatory, monetary and/or punitive damages, restitution and/or disgorgement, injunctive relief, and regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, regulation, ordinance, common law, or principles of equity; a data breach; or otherwise. Nonetheless, You may continue to assert Claims in small claims court if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
17.2 Applicable Law; Arbitrator’s Powers.
This Arbitration Agreement governs transactions involving interstate commerce. Accordingly this Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA“) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory, and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator’s rules. The arbitrator shall take steps to reasonably protect confidential information, consistent with Section 17.12 of these Terms.
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this section are deemed to be a “written agreement to arbitrate” under the FAA. You and Klover agree that we intend that this section satisfies the “writing” requirement of the FAA.
17.3 Opt-Out of Arbitration Agreement.
You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to support@joinklover.com, within thirty (30) days of the date that you receive notice of the Terms or electronically accept the Terms. The opt-out notice must: clearly state that you are rejecting arbitration; provide your name, address, and Login ID; and be signed by you. We must receive your opt-out notice at the specified email address (support@joinklover.com) and within the specified 30-day period. No other methods can be used to opt out of this Arbitration Agreement. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
17.4 Informal Dispute Resolution.
You agree that before filing any claim in arbitration, you must provide notice of your dispute by sending an email to support@joinklover.com. The notice must provide: (1) your name and contact information (including mailing address, telephone number, email address, and Login ID, and any other iterations thereof that are associated with the dispute); (2) a description of the factual basis of your claim; (3) the date of any purchase, transaction, or interaction at issue, and relevant transaction amounts and documentation or screen captures if available; and (4) the resolution or relief you are seeking to resolve the dispute. Any such notice must be on your behalf only and cannot be combined with any dispute or claim on behalf of other individuals. If the notice described in this section is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the notice on your behalf.
You agree to allow sixty (60) days following submission of the notice for Klover and you to attempt to resolve the dispute before you initiate an arbitration. Any relevant limitations period and other fees or deadlines shall be tolled during this sixty (60) day period. During this time, you and Klover must hold at least one telephonic or video dispute resolution conference. The telephonic or video dispute resolution conference must be individualized, such that a separate conference must be held for each complainant. If either you or Klover is represented by counsel, that counsel may participate, but you and a corporate representative from Klover must also personally appear at and participate in the dispute resolution conference.
Compliance with this pre-arbitration informal dispute resolution process is a prerequisite and condition precedent to initiating court or arbitration proceedings. Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until the requirements of this Section 17.4 are met.
17.5 Arbitration Procedures.
The party initiating arbitration shall do so in the American Arbitration Association (the “AAA”), and the AAA’s rules and procedures (including their Consumer Arbitration Rules, Commercial Arbitration Rules, and Mass Arbitration Supplementary Rules, as applicable) will be used. If something in these Terms is different than or inconsistent with the AAA’s rules and procedures, then we will follow these Terms. You can review the AAA’s rules and procedures at www.adr.org/rules, or you can call the AAA at 1-800-778-7879.
To initiate an arbitration, the complaining party must provide the other party with a written Demand for Arbitration as specified in the applicable AAA rules. The AAA provides applicable forms for Demands for Arbitration (Commercial Arbitration Demand and Consumer Arbitration Demand), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. If one party starts or threatens a lawsuit, the other party can demand arbitration. This demand may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. It can be made if a party starts a lawsuit on an individual basis and then tries to pursue a class action or public injunctive relief. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
The AAA will appoint the arbitrator in accordance with its rules. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience. The arbitration will be held in the United States county where you live or work, or any other location to which we mutually agree. The arbitration shall be conducted according to the rules and policies of the AAA, except to the extent the rules conflict with these Terms or applicable law. However, the arbitrator may, in its discretion, conduct special hearings at any other place for the purpose of receiving evidence that would otherwise be unavailable at the situs of the arbitration, or for the convenience of the parties or witnesses, and that the place for the special hearing selected by the arbitrator shall also be deemed a place where the arbitrator “[is] sitting” for purposes of Section 7 of the FAA. The arbitrator or any of the parties to the arbitration or any party may attend any hearing telephonically or electronically. The telephonic or electronic, adjudicative (as opposed to physical) presence of the arbitrator at a hearing satisfies the “[is] sitting” requirement of Section 7 of the FAA.
17.6 Arbitration Fees.
Except as set forth in this Section, Klover will either pay the filing costs and administrative fees associated with arbitration if you can demonstrate that you are unable to afford the costs or fees. However, each party shall bear the expense of its own attorneys’ fees, experts, and witnesses except as otherwise provided by law, and except that an arbitrator (or a Process Arbitrator, in a mass arbitration under Section 17.9) may order fee- and/or cost-shifting if it finds that a claim, a counter-claim, or the relief sought are frivolous or brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11. 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.
This Section 17.6 is not applicable if your claim is one of more than five (5) similar claims asserted against Klover where representation is consistent or coordinated across the cases, and is limited to those claims valued under $75,000.00.
17.7 Appeals.
Within thirty (30) days of a final award by the arbitrator, any party may appeal an award for reconsideration by a three-arbitrator panel selected according to the rules of the Administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Agreement and the Administrator’s rules, in the same way as the initial arbitration proceeding. Any final award by the individual arbitrator that is not appealed within thirty (30) days, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
17.8 No Class or Representative Actions.
Except for the mass arbitration procedures set forth in Section 17.9, NO ARBITRATION SHALL PROCEED ON A COMBINED, CONSOLIDATED, MASS, CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS 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 the named 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 a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No Administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 17.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
You further agree that in arbitration, injunctive relief shall be limited to such relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral award on a class basis shall be void and shall not be subject to confirmation and no judgment shall enter thereon. An injunction granted in arbitration may provide only such relief as is necessary to remedy injury to you or to protect you alone from future injury; no judgment or order shall be entered by a court to enforce an award of the Administrator for broader injunctive relief.
Nothing in this Arbitration Agreement precludes you from seeking public injunctive relief in court. If you seek public injunctive relief, you may bring that claim in court, but you further agree that we may treat such a claim as a Claim within the meaning of this Arbitration Agreement, and that we would then have the right to demand arbitration, and if you refuse our demand, to move to enforce arbitration on an individual basis in accordance with this Arbitration Agreement pursuant to the FAA. Notwithstanding any other provisions of this Arbitration Agreement, the Court and not the arbitrator shall decide whether the FAA requires that the public injunctive relief claim be referred to arbitration on an individual basis. If we bring and lose that motion, your claim for public injunctive relief will be heard in court but you agree to stay your claim in court for public injunctive relief pending (a) exhaustion of our right to appeal from the ruling against us, and (b) completion of arbitration of all other Claims. If we win our motion, your claims for public injunctive relief will be decided in accordance with the terms of this Arbitration Agreement, meaning that the arbitrator can award only such injunctive relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone.
In the event that twenty-five (25) or more demands for arbitration are filed by a shared counsel, Parties will comply with the AAA’s “Mass Arbitration Supplementary Rules,” which may be found here.
17.9 Mass Arbitration.
The following batching process and the AAA Mass Arbitration Supplementary Rules shall apply when twenty-five (25) or more similar demands are asserted against Klover and where representation of the claimants is consistent or coordinated across the cases.
At the outset of such disputes, you and Klover agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the Mass Arbitration Supplemental Rules, as well as disagreements concerning the validity, enforceability, and applicability of these terms, and any other matters that the parties mutually agree to delegate. To the extent permitted by law and applicable AAA rules, the parties also agree to hold joint case management conferences and joint hearings, and to the filing of joint briefs and other papers, before the Process Arbitrator, provided that each claimant is given the opportunity to raise and/or respond to any individualized issues specific to that claimant.
For disputes under this Section that proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed on an individual basis as part of a batching process. Any other claims that have complied with the procedures in Sections 17.4 and 17.5 shall not continue or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, until they are selected to proceed as part of this batching process. You and Klover agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, Klover and all known claimants shall engage in a mediation. If the parties are unable to resolve the remaining cases in mediation, each side shall select another ten (10) cases (per side) to proceed on an individual basis as part of a second batching process. The parties may agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, Klover and all known claimants shall engage in a second mediation. If the parties have not resolved the remaining disputes at the close of the second mediation, any claimant whose demand has not been adjudicated, or Klover, may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or Klover wishes to proceed with the claim they may file an individual, non-class action in court. For those claimants who do not opt out, their claims will proceed in arbitration in continued batches of up to one-hundred (100) demands. To increase the efficiency of administration and resolution of arbitrations, and as permitted by law and the relevant rules and procedures, the AAA shall: (i) designate a single Merits Arbitrator for each batch; and (ii) provide for a single filing fee per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate, while still providing each claimant with the opportunity to raise and/or respond to any individualized issues.
This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. Klover does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. Any limitations periods and filing fees and deadlines shall be tolled for each demand subject to this section from the time that the AAA filing requirements are satisfied with respect to that demand, until the date the arbitration is closed.
If any dispute arises between the general AAA consumer or commercial rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. A court shall have authority to enforce this section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.
17.10 Survival and Severability of Arbitration Agreement.
This Arbitration Agreement shall survive the termination of these Terms, your fulfillment or default of your obligations under the Terms, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). If any portion of this Arbitration Agreement other than the class action waiver in Section 17.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. As such, if there is a final judicial determination that applicable law precludes enforcement of this Arbitration Agreement’s limitations as to a particular Claim for relief or particular term, then that Claim (and only that Claim) or that term (and only that term) must be severed from the Arbitration Agreement and may be brought in court. However, if an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 17.8 are finally adjudicated to be unenforceable, then every other sentence (except this one) in the Arbitration Agreement shall be null and void with respect to that Claim and no arbitration shall be had. For avoidance of doubt, to the extent any court or arbitrator concludes that the provisions of this Arbitration Agreement regarding public injunctive relief are invalid or unenforceable, the remainder of this Arbitration Agreement shall nevertheless remain valid and in force. Rather, those provisions relating to public injunctive relief must be severed and the claim for public injunctive relief must be brought in court.
17.11 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Agreement is found not to apply to you or your Claim, you and Klover agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Klover consent to venue and personal jurisdiction there.
17.12 Confidentiality.
The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence with or hearings before the AAA, and correspondence, orders, and awards issued by the arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party, unless disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings or legal proceedings.
17.13 WAIVER OF JURY TRIAL; WAIVER OF RIGHT TO LITIGATE.
BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHTS TO A JURY TRIAL AND TO LITIGATE OUR CLAIMS BEFORE A COURT.
18. GOVERNING LAW AND VENUE
Except for Section 17, which is governed by the FAA, these Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. For residents of South Carolina, these Terms are governed by the laws of South Carolina.
19. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction for any reason, the remaining provisions shall remain in full force and effect and be enforced to the fullest extent possible.
20. WAIVER
Klover may delay enforcing any of its legal rights or remedies under these Terms, or other legal rights or remedies Klover has under applicable laws, without waiving or those rights or remedies or any other rights in any way whatsoever.
21. GENERAL PROVISIONS (ENTIRE AGREEMENT; ASSIGNMENT; OTHER RIGHTS)
These Terms (including all policies or documents referenced herein) are the entire understanding and agreement between you and Klover regarding your use of the Services. These Terms supersede any previous or other terms or other agreement between you and Klover. Klover reserves the right to amend these Terms and to change our Services at any time, but if we do, we will place a notice on our website or otherwise notify you of any such changes by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
These Terms will be binding on, inure to the benefit of, and be enforceable against both you and us and our respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any term. You may not assign or transfer these Terms or any of your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or our rights or obligations under these Terms at any time without notice.We hereby reserve all rights not expressly granted by these Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. CHANGES TO THESE TERMS
Klover reserves the right to change these Terms (including by adding to or deleting from them). Klover will electronically notify you of any changes to the Terms by posting revised Terms on the Platform of the Services. We will label Terms posted to the Platform with the most recent date of revision. You should check the Platform periodically for changes. All changes are effective upon posting. If you do not agree to any changes, you must request that we suspend or terminate your Klover Account and stop using your Klover Account after we provide you with notice of those changes. By continuing to use the Platform or the Services, you agree to the change of the Terms. Klover may terminate, suspend, change, or restrict access to all or any part of this Platform or the Services without notice or liability.
23. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
Klover provides services in accordance with the applicable provisions of the Federal Electronic Funds Transfer Act 15 U.S.C. §§ 1693 et. seq. and the regulations thereunder.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on access to any bank account you link to the Services (each, a “Linked Account”) or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
The disclosures in this Section 23 apply to all Services for which Klover charges a fee, as further described in these Terms.
23.1 Definitions.
Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Mobile App.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
Unauthorized Electronic Fund Transfer: An Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Mobile App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
23.2 Your Liability.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers: Notify us immediately if you believe your Mobile App Login ID or password has been lost or stolen or if your Mobile App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. An Unauthorized Electronic Fund Transfer may result in the loss of money in your Linked Account(s).
If you tell us within four (4) business days after learning of the loss or theft of your Mobile App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your Mobile App user account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your Mobile App user account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Mobile App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 23.2 may be extended for a reasonable period.
23.3 Business Days.
For purposes of this Section 23, Klover business days are Monday through Friday. Holidays are not included.
23.4 Types of Transfers; Limitations.
You may use the Services to request and receive Advances to your Linked Account or debit card, to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Klover, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Mobile App you may also authorize recurring preauthorized Electronic Fund Transfers from your Linked Account or debit card to pay for the Subscription Fee. See Section 5 for more information about stopping payment of preauthorized Electronic Fund Transfers.
23.5 Fees.
Klover charges no fees to access an Advance. However, you may choose to pay an Express Fee to expedite an Advance as set forth in Section 6.2.
23.6 Documentation.
Your Advance and payment history can be viewed within the Mobile App by navigating to the “Account Settings” page and tapping “Account” or “Advances,” depending on the type of transactions you seek to view. You are responsible for reviewing payment history, if applicable, and maintaining copies for your records.
23.7 Our Liability.
If Klover does not debit or credit your Linked Account or debit card in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if, through no fault of ours: you do not have enough money in your Linked Account or debit card to make a payment; the Linked Account or debit card you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution; the Services were not working properly and you knew about the problems when you started your payment; we cannot complete a payment due to fraud or attacks on our systems or the Services or; circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken. There may be other exceptions stated in these Terms.
23.8 Confidentiality Related to Electronic Fund Transfers.
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services, for example: where it is necessary for completing the Electronic Fund Transfers; or, in order to comply with government agency or court orders; or, If you give us written permission; or, as otherwise provided in our Privacy Policy.
23.9 Error Resolution.
In case of errors or questions about your Electronic Fund Transfers, email us at support@joinklover.com. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Mobile App, contact us as soon as you can. We must hear from you no later than ninety (90) days after the statement or receipt was delivered to you. In your notification to us, you must:
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new Mobile App user accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Mobile App user accounts, we may take up to twenty (20) business days to credit your Linked Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE KLOVER SERVICES MUST BE DIRECTED TO KLOVER, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, email or write us at the address(es) indicated below:
Klover Holdings, Inc.
200 N. LaSalle St. Ste 2000
Chicago, IL 60601
Email: support@joinklover.com
IF YOUR MOBILE APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by emailing or writing to us at the address(es) listed above.
23.10 Users in South Carolina
If you are a user in South Carolina and have a complaint, you may contact the South Carolina Department of Consumer Affairs (“SCDCA”) at https://consumer.sc.gov or by phone at 803-734-4200.
24. CONTACTING US
If you have questions regarding the Terms or the practices of Klover, please contact us by email at support@joinklover.com or by regular mail at
Klover Holdings, Inc.
200 N. LaSalle St. Ste 2000
Chicago, IL 60601
