Harvest Platform

Terms and Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS: THESE TERMS INCLUDE THE PRE-DISPUTE ARBITRATION CLAUSE . IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

If you want to participate in our Services and have carefully reviewed these Terms and Conditions, including THE PRE-DISPUTE ARBITRATION CLAUSE then click the button to indicate "I Agree”. Following signup, your continued participation in the Services is your indication that you agree to all of the terms of these Terms and Conditions.

Terms of Use ("Terms")
Last modified: June 18, 2021

Welcome to Harvest Platform, an online service owned and operated by PariFi Inc. (a wholly-owned subsidiary of Acorns Grow Incorporated) (also known as “Harvest Platform,” “we” and “us). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@growmyharvest.com. These Terms of Use (the “Terms”) are a binding contract between you and Harvest Platform. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

E-SIGN CONSENT TERMS.

PLEASE READ THESE E-SIGN CONSENT TERMS (“CONSENT”) CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS CONSENT APPLIES TO ALL DISCLOSURES, AGREEMENTS, STATEMENTS, NOTICES AND OTHER DOCUMENTS RELATED TO THE SERVICE (“DOCUMENTS”).

• This Consent will be effective until you tell us that you no longer want to receive Documents electronically by sending us notice in the manner described in the section of this Consent titled “Withdrawing Your Electronic Acceptance of Documents.”
• Electronic Delivery of Documents. You consent and agree:

1. We can provide all Documents to you electronically, including all disclosures required by law and other information about your legal rights and duties;

2. Your electronic signature on any Documents has the same effect as if you signed them in ink; and

3. Your computer or electronic device meets the specifications and requirements listed below, and that such computer or device permits you to access and retain the Documents electronically.

4. You agree we can send all Documents to you via traditional mail or electronically via (a) email; (b) by access to a site or link we provide in an email notice we send to you when the information is available; or, (c) to the extent permissible by law, by access to a mobile app or site we designate in advance for such purpose. You agree Documents provided electronically have the same meaning and effect as if we provided paper Documents to you. When we send you an email or other electronic notification telling you a Document is available electronically and we do in fact make it available online, that shall have the same meaning and effect as if we provided a paper Document to you, whether or not you choose to view it. And we always reserve the right, in our sole discretion, to communicate with you by mail.

• You also confirm you have the hardware and software described in the section of this Consent titled “Hardware and Software You Will Need”, you are able to receive and review electronic records, and you have an active email account.
• Email Address. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by contacting us at support@growmyharvest.com. We may provide you with separate instructions to update your email address from time-to-time. You agree if we send an email message to you regarding any electronic communication or send any electronic communication to the email address you have provided us and such email message is returned as undeliverable, we will be deemed to have provided such electronic communication to you.
• Hardware and Software You Will Need. To use the Service and view Documents, you will need:

1. A Current Version (defined below) of an Internet browser we support or a Current Version of the App;

2. A connection to the Internet;

3. A Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and

4. A computer or electronic device and an operating system capable of supporting all of the above.

• By “Current Version,” we mean a version of the software we support and that is currently being supported by its publisher or the applicable platform (e.g., Apple’s iOS). We support the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Edge and Safari.
• As permitted by and in accordance with applicable law, we reserve the right to discontinue support of a Current Version of software for any reason, including our opinion that it suffers from a security or other flaw that makes it unsuitable for use with the Service.
• Withdrawing Your Electronic Acceptance of Documents. You understand you have the right to receive Documents in paper form. You can request paper copies and/or withdraw consent by contacting us at our Notice Address.
• Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent, you may not be able to use certain online functionality with respect to your Products or complete actions with respect to your Products. For example, withdrawing your consent will result in termination of your participation in the Harvest Platform Savings feature, which may take up to 30 days from when we receive your withdrawal of consent.

What about my privacy?

Harvest Platform takes the privacy of its users very seriously. For the current Harvest Platform Privacy Policy, please click here. 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. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@growmyharvest.com.

What are the basics of using Harvest Platform?

The Harvest Platform is only available to natural persons, who are legal United States residents, have a bank account with a bank that is covered by the Harvest Platform, and aged eighteen (18) or older. You will be required to sign up for an account, and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t 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 represent and warrant that you are an individual of legal age to form a binding contract. 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 account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Rights you grant us

• During the registration process, you will be asked to enter your User Credentials for your accounts, such as your bank, credit card issuer, etc. and whenever relevant, additional information like social security number, account number, etc. when you give us permission to provide Company Services, such as to negotiate refunds, interest rate APRs, etc. on your behalf. Your credentials are used to provide us access to review financial transaction information or other account information for your accounts with these third party providers (each, a “Third Party Provider” and such account information your “Account Information”). You can read more about how we use and store your information in our Privacy Policy. You hereby authorize and permit us to use the User Credentials submitted by you to perform the Services.
• In collaboration with third party providers, we use your User Credentials to review your Account Information and perform various Services on your behalf. For example, we use your Account Information to identify fees, recurring payments, and negotiate bank fees, interest charges, provide debt mitigation analysis and so forth. You expressly authorize us to access, view and use, on your behalf as your agent, your Account Information. 
• You grant us a limited power of attorney, and appoint us as your agent and attorney in-fact, to access, review and use your Account Information with full power and authority, but only to act for and on your behalf with Third Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING YOUR USER CREDENTIALS ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. You also grant us the authority to share your Account Information as well as any additional information you provide during your use of Services to third party providers, such as data aggregators, financial institutions you register with us and other third parties for the purposes of performing the Services. You understand and agree that Harvest Platform is not sponsored or endorsed by any third parties accessible through the Services.
• We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree we and our Data Aggregator shall be entitled to rely on the foregoing authorization granted by you. If you wish to revoke the foregoing authorization for a particular linked account, you must unlink the account from the Service.
• You represent and warrant you are a legal owner of, or you are authorized to provide us and our Data Aggregator with, all Account Information, and have the right to grant the permissions set forth herein, and our Third Party Service provider’s exercise of its rights set forth herein will not violate any applicable laws or third party rights. You understand and agree the Service is not sponsored or endorsed by, or affiliated with, any third parties, including any financial institution that holds the account you may choose to link to the Service.
• We may also, from time-to-time, make Third Party Services available to you through the Service, including the services described below. We do not control or endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, or any intellectual property rights therein. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Service at any time. In addition, the availability of any Third Party Services through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Service, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SERVICE).

Your use of the Services is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Harvest Platform);

2. Violates any law or regulation, including any applicable export control laws;

3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

4. Jeopardizes the security of your Harvest Platform account or anyone else’s (such as allowing someone else to log in to the Services as you);

5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

6. Violates the security of any computer network, or cracks any passwords or security encryption codes;

7. 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);

8. "Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

9. Copies or stores any significant portion of the Content;

10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Harvest Platform?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Harvest Platform’s) rights. You understand that Harvest Platform owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Company or to other users?

In the course of using the Services, you and other users may provide information (other than Financial Credentials and Transaction Information), such as posts and comments on our website, which may be used by us in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Submissions”), you hereby grant Harvest Platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use such User Submissions (including all related intellectual property rights) in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This is a license only – your ownership in User Submissions is not affected. You also agree that if your User Submissions contains any feedback, ideas, concepts, or techniques, we can use the User Submissions and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing services. Please note that the foregoing licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Harvest Platform, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

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. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Harvest Platform. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Harvest Platform is not responsible for such risks. 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.

Harvest Platform 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, Harvest Platform will not and cannot monitor, verify, censor or edit the content of any third party site or service. 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. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Harvest Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Harvest Platform is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Harvest Platform, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Will Harvest Platform ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Harvest Platform cost anything?

It is free to sign up for Harvest Platform. If you authorize us to perform Services for you, such as negotiate on your behalf, we may charge you a percentage of what we save you on certain transactions. We reserve the right to change pricing or charge for all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. We will recoup payment for Auto-Negotiate services directly from your bank account upon reaching a sufficient balance as indicated by our Data Aggregator. By requesting an Auto-Negotiation, you authorize us to initiate debit and credit entries to your bank account, or if you link a credit or debit card to your account, you authorize us to charge your credit or debit card, for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments for the services. Harvest Platform reserves the right to charge your bank account at any time on or after the day your account shows a sufficient positive balance from deposits; however, Harvest will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover repayment of a successful Auto-Negotiation request. Our failure to charge your bank account for repayment of an Auto-Negotiate request within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Harvest Platform harmless from any claims by any other owner of the account.

Harvest Platform’s authorization to initiate debit and credit entries to your bank account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting support@growmyharvest.com at least three business days before the day the transaction is scheduled and stop using the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Harvest Platform. You are responsible for any costs or damages related to the timing of authorization revocation.

If we are unable to access funds from your bank account to complete a payment that is owed to Harvest Platform, we will have no legal or contractual claim or remedy against you based on your failure to repay, however, you will be prevented from using the Services until you repay any outstanding balance owed to Harvest Platform. Harvest Platform will not engage in any debt collection activities if the payout is not repaid on the scheduled date, place the payout as a debt with or sell it to a third party, or report to a consumer reporting agency concerning the amount of the payout. You further agree that: you will reimburse Harvest Platform for any fees imposed on us as a result of the failed transaction; and you will reimburse Harvest Platform for any fees we incur in attempting to debit the amount of the failed transaction from you. Harvest Platform is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.

What if I want to stop using Harvest Platform?

You’re free to do that at any time, by contacting us at support@growmyharvest.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Harvest Platform is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Harvest Platform has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so please keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer.

Neither Harvest Platform nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE. THE SERVICE AND PRODUCTS PROVIDED BY US ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE, ANY SERVICE INFORMATION, PRODUCTS OR THIRD PARTY SERVICES. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH HARVEST PLATFORM AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. PROVIDERS OF THIRD PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SERVICES.

THE SERVICE INFORMATION, ACCOUNT INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, OR THIRD PARTY SERVICES AND DESCRIPTIONS OF THIRD PARTY SERVICES, PUBLISHED OR MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. If you believe that Account Information made available through the Service is inaccurate or outdated, then you should contact the financial institution or other company that maintains the Account Information.

WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION.

Limitation of Liability. YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT, ANY THIRD PARTY SERVICE OR ANY THIRD PARTY SITE; OR (B) ANY APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN ADDITION, WE HAVE NO LIABILITY FOR ANY CLAIMS BETWEEN YOU OR ANY OF THE INSTITUTIONS WITH WHICH WE COMMUNICATE ON YOUR BEHALF, INCLUDING ANY IMPACT ON YOUR ACCOUNT OR FINANCIAL RELATIONSHIP WITH SUCH INSTITUTIONS.

Indemnity.

You agree to indemnify and hold Harvest Platform, its affiliates, officers, agents, employees, and partners 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 any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

System Outages, Slowdowns And Capacity Limitations.

Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Harvest Platform’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in California

Dispute Resolution - Mandatory Arbitration  

These Terms require mandatory, individual arbitration, which applies to these Terms and/or any other interactions between the parties that relate to such contractual relationship. By checking the box to confirm your consent to these Terms, Harvest Platform, Acorns, and you agree as follows:

•  All parties agree that, except for individual complaints filed in small claims court consistent with the applicable jurisdictional limits or unless you opt-out as described below, the sole and exclusive forum and remedy for resolution of any claims shall be final and binding arbitration pursuant to this section.
•  All parties to these Terms and Conditions are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed or otherwise in this Dispute Resolution provision.
•  Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
•  The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
•  The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
•  The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
•  The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
•  The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into these Terms and Conditions.

Mandatory Arbitration: 

All controversies that may arise between you and Harvest Platform, and/or Acorns, concerning any account, order, or transaction, or the continuation, performance, interpretation, or breach of this, or any other agreement between you and Harvest Platform, whether entered into or arising before, on, or after the date this account is opened, shall be determined by binding arbitration through the AAA under its rules and procedures and, where appropriate, the then-current Supplementary Procedures for Consumer Related Disputes, as modified by this mandatory arbitration provision. For more information, including instructions about how to file an arbitration demand with AAA, please visit https://adr.org/consumer or call 800-778-7879.

You and Harvest Platform acknowledge that judgment upon any arbitration award may be entered in any court of competent jurisdiction.

This Section survives the end of the relationship between you and Harvest Platform, including without limitation cancelation or termination of the Terms and Conditions and any opt-out by you of electronic communications. 

Location and costs of arbitration: Unless you and Harvest Platform agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Irvine, California. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, Harvest Platform will pay all filing fees and reimburse you for documented expenses up to a total amount of $2,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Claims against multiple entities: If there is a final judicial determination that applicable law and/or regulatory rules, including FINRA rules, preclude enforcement of this arbitration provision as to a particular claim for relief against a particular entity, then that claim (and only that claim) against that entity (and only that entity) must be severed from the arbitration provision and may be brought in court. Any other claims you have against any other entities that are not precluded from being arbitrated will remain subject to binding arbitration. For avoidance of doubt, this means that you agree to binding arbitration for all claims against all applicable entities to the maximum extent allowable by law, even though you may have to proceed in different forums for the same or similar claims against different entities.

NO CLASS ACTIONS: NO ARBITRATION SHALL PROCEED ON A 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, and except for public injunctive relief awarded under California law, 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, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this class waiver section shall be determined exclusively by a court and not by the administrator or any arbitrator.

Arbitration opt-out: If you do not agree to arbitrate disputes as detailed herein, you may opt out of this arbitration provision for all purposes by sending an arbitration opt-out notice to support@growmyharvest.com, within 30 days of the date of your electronic acceptance of the terms of these Terms and Conditions or within 30 days after we notify you regarding any material changes to this Section. The opt-out notice must clearly state that you are rejecting arbitration; identify the Terms and Conditions; provide your name and address; and be signed by you. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of their authority to submit the opt-out notice on your behalf.

Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Harvest Platform agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Harvest Platform, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Harvest Platform, and you do not have any authority of any kind to bind Harvest Platform in any respect whatsoever. You and Harvest Platform agree there are no third party beneficiaries intended under these Terms. Will these Terms ever change? We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the growmyharvest.com website, by sending you an email, and/or by some other means. If you don’t agree with the Terms, you can 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.