Last updated: November 15, 2021
These terms (the “Terms of Service”) are a legal agreement between you and Ruby Money, Inc. (“Ruby Money”, “we,” “us,” or “our”). These Terms of Service specify the terms under which you may access and use our money management platform (the “Platform”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND USING THE PLATFORM, BY USING THE PLATFORM, CLICKING “I AGREE,” OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION,” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you are agreeing to these Terms of Service on behalf of a company or other entity, you represent that you have the authority to accept these Terms of Service on behalf of the entity and to bind the entity to these Terms of Service. If you do not agree with all of these Terms, then you must not accept them and you are not permitted to use the Services.
1. THE PLATFORM
The Platform provides a variety of tax and benefit calculators and tools as well as a mechanism for you to transfer funds in separate deposit accounts held at our financial institution partner, Blue Ridge Bank, N.A., Member FDIC (“Blue Ridge Bank”). Ruby Money does not provide any tax or legal advice. Additionally, the Platform is not intended to provide specific tax or legal advice to any individual or business. You are encouraged to consult your own legal and/or tax professional or the Internal Revenue Services (“IRS”) with any specific questions about your own tax return(s). YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT PROVIDING FINANCIAL ADVICE THROUGH THE PLATFORM. YOUR FINANCIAL SITUATION IS UNIQUE. WE ARE NOT RESPONSIBLE FOR ENSURING THAT YOUR RETIREMENT ACCOUNTS OR BANK ACCOUNTS HAVE SUFFICIENT FUNDS FOR YOUR NEEDS, PURPOSES, OR TRANSACTIONS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND THAT THE PLATFORM IS APPROPRIATE FOR YOU. BEFORE USING THE PLATFORM, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM A FINANCIAL ADVISER.
To use Ruby Money, you must satisfy the following criteria:
- Are 18 years or older.
- Are a U.S. citizen or legal resident alien
- Have a deposit account with a U.S. financial institution.
- Must be permitted to use our Services and not prohibited by any governmental agency from utilizing financial tools.
- Can form a binding contract with Ruby Money in your jurisdiction.
- Agree to use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
- Have not been removed from or previously removed from the Services by Ruby Money
In order to use the Platform, you must create an account with us (a “User Account”). When you create your User Account, you will be required to create a password (“Password”), and you may be asked to provide certain additional information that will assist us in authenticating your identity when you log in in the future (“Unique Identifiers”), including, but not limited to your legal name and email address. Your email address and corresponding Password can be used by only you. You are solely responsible for the confidentiality and use of your email address, Password, and Unique Identifiers, as well as for any use or misuse of the Platform through your User Account. We will not be liable for any loss or damage caused by any unauthorized use of your User Account. You will promptly inform us of any need to deactivate a Password or email address or change any Unique Identifier. We reserve the right to delete or change your Password or email address at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
The Platform may ask you to connect to your deposit account (your “Bank Account”). You warrant and represent that all information provided in connection with your User Account is true, accurate, current, and complete. You further warrant and represent that all Bank Account information that you provide to us belongs to you and not a third party.
We are under no obligation to accept any individual or entity as an account holder, and may accept or reject your User Account registration in our sole and complete discretion.
2. HOW RUBY MONEY WORKS
The Platform offers functionality that allows you to transfer funds from your Bank Account to deposit accounts that you set up with Blue Ridge Bank (the “Banking Provider”) through the Platform (each a “Reserve Account”). We will work with you to set a percentage of certain deposits in your Bank Account that should be moved from your Bank Account to a Reserve Account. Using our third party service providers, we will monitor and analyze your Bank Account. If we identify a deposit in your Bank Account that should be moved to a Reserve Account, we will transfer those funds from your Bank Account to your Reserve Account via ACH. It is your responsibility to ensure that there are sufficient funds in your Bank Account for the fund transfer activity initiated by us. If there are not sufficient funds, we may choose to decline or cancel the request to transfer funds. We are not responsible for any associated fees assessed by the financial institution that holds your Bank Account.
Our right to deposit your Bank Account will be subject to the Automated Clearinghouse Authorization Form between you and us. We do not guarantee that all transactions will be identified or acted upon. Some transactions may be missed. You should periodically check your transactions to ensure accuracy. We are not liable for any failure to transfer funds for any reason including but not limited to system outages or defects. Only funds from your Bank Account may be transferred to your Reserve Account.
Your Reserve Account(s) are held for your benefit in an FDIC-insured, demand deposit account offered by Blue Ridge Bank in partnership with Ruby Money. Deposits at FDIC insured institutions are insured up to at least $250,000 per depositor, per ownership category. FDIC insurance applies only to accounts held in the United States and its territories and possessions. For details, please refer to the brochure published by the FDIC or visit the FDIC website at www.fdic.gov. Your Set Aside Account(s) are not self-directed retirement deposits subject to 12 C.F.R. 330.14(b)(2).
You understand and agree that as part of the Services, we may share certain information about, including, but not limited to, information about your identity, email address, physical address, location, nationality, citizenship, tax residency, financial situation (“Customer Information”) with Blue Ridge Bank and our third party service providers, and that such parties can rely your Customer Information to perform certain compliance functions, including verifying your identity for anti-money laundering and counterterrorism purposes.
You represent and warrant that your Customer Information is true, accurate, complete, and current. You agree to update any of Customer Information that is no longer accurate promptly. You agree to indemnify and hold Ruby Money, Banking Provider, and our third party service providers harmless from any and all damages resulting from or relating to your failure to provide true, accurate, complete, and current Customer Information or to update Customer Information.
You represent and warrant that none of the money you deposit in your Reserve Accounts will come from or will be used to promote the conduct of any crime or illegal activity.
In exchange for your use of the Platform, you will be required to pay a monthly fee (the “Fee”). The current amount of the Fee is disclosed on the Platform. The Fee will be paid monthly in advance. The Fee shall continue to be automatically billed and paid monthly until terminated by you.
The Platform may start with a free trial. The duration of your free trial period will be specified when you sign-up for the Platform. Eligibility for a free trial is determined by Ruby Money at its sole discretion and it may limit eligibility or duration to prevent abuse. Ruby Money reserves the right to revoke your free trial and put your account on hold if it determines that you are ineligible. Ruby Money will charge the Fee for your next billing cycle at the end of the free trial period. The Fee is nonrefundable.
You may terminate your use of the Platform at any time by notifying us at firstname.lastname@example.org, in which case termination will be effective on the last day of the month during which you provided notice.
We reserve the right to change fees or add additional fees at any time, upon notice to you.
4. INTELLECTUAL PROPERTY
The Platform contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of us or our licensors (collectively referred to as the “Content”). The Content may be owned by us or third parties. Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. You must retain all copyright and other proprietary notices contained in the original Content. We reserve the right to remove Content from the Platform at any time for any reason without any notice to you.
The trademarks, service marks, and logos of Ruby Money (the “Ruby Money Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of ours. Other company, product, and service names displayed on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Ruby Money Trademarks, the “Trademarks”). Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Ruby Money Trademarks inures to our benefit.
If you provide any suggestions, feedback, comments or other input related to the Platform or any enhancements or other improvements of the Platform (collectively, “Feedback”), you hereby assign us all right, title, and interest in and to such Feedback and agree that we may use or otherwise incorporate such Feedback into the Platform or our other products or services, and otherwise use the Feedback in any manner that we choose, without restriction or royalty or attribution of any kind to you or any third party.
5. NO WARRANTIES; LIMITATION OF LIABILITY
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
FROM TIME TO TIME, WE MAY INVITE YOU TO TRY “BETA” FEATURES OR FUNCTIONALITIES OF THE PLATFORM WHICH ARE NOT GENERALLY AVAILABLE TO OUR CUSTOMERS FOR PRODUCTION USE (“BETA FEATURES”). YOU MAY ACCEPT OR DECLINE ANY SUCH INVITATION IN YOUR SOLE DISCRETION. BETA FEATURES ARE FOR EVALUATION PURPOSES ONLY AND NOT FOR PRODUCTION USE, ARE NOT CONSIDERED PART OF THE PLATFORM, ARE NOT SUPPORTED, AND MAY BE SUBJECT TO ADDITIONAL TERMS. UNLESS OTHERWISE EXPRESSLY AGREED TO BY US, ANY BETA FEATURE TRIAL PERIOD WILL EXPIRE UPON THE DATE THAT A VERSION OF THE BETA FEATURE BECOMES GENERALLY AVAILABLE TO ALL OF OUR CUSTOMERS FOR PRODUCTION USE OR UPON THE DATE THAT WE ELECT TO DISCONTINUE SUCH BETA FEATURE. WE MAY DISCONTINUE BETA FEATURES AT ANY TIME IN OUR SOLE DISCRETION AND MAY NEVER MAKE THEM GENERALLY AVAILABLE AS PART OF THE PLATFORM. WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY USE OF A BETA FEATURE, AND YOUR USE OF ANY BETA FEATURE IS AT YOUR OWN RISK.
IN CONNECTION WITH ANY CLAIMS UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS), TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE GREATER OF (I) MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
6. EXTERNAL SITES; THIRD PARTY SERVICES
The Platform may contain links to third-party websites (“External Platforms”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Platforms. The content of such External Platforms is developed and provided by others. You should contact the site administrator or webmaster for those External Platforms if you have any concerns regarding such links or any content located on such External Platforms. We are not responsible for the content of any linked External Platforms and do not make any representations regarding the content or accuracy of materials on such External Platforms. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Platforms, you do so at your own risk.
We may utilize certain third party service providers to (e.g., Apple’s App Store, Google Play, Plaid, Abound, or Stripe) and/or otherwise enable various third-party services that may directly integrate with the Platform. By enabling Third-Party Services within the Platform, you agree to allow Ruby Money to pass your login credentials or other information (e.g., tokenized authentication information) to such Third-Party Service providers for this purpose. Please remember that the manner in which Third-Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Ruby Money shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service or site that may be enabled within the Service. In addition, Ruby Money is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such Third-Party Services, and such Third-Party Services may revoke your right to access and/or authenticate to such Third-Party Service at any time. As such, Ruby Money is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Third-Party Service. Ruby Money enables these features merely as a convenience to Users and the inclusion of such features does not imply an endorsement or recommendation of them.
To the full extent permitted under applicable law, you agree to defend, indemnify, and hold us and our Banking Provider and the officers, directors, employees, agents, successors, licensees, licensors, and assigns of each harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of any of your representations, warranties or other obligations under these Terms of Service; (ii) your use or misuse of the Platform; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
8. DOWNLOADING THE APP
The following terms apply when you download the Platform in the form of an application (the “App”) via the Apple App Store. These terms are in addition to all other terms contained in these Terms of Service.
You acknowledge and agree that (i) these Terms of Service are concluded between you and Ruby Money only, and not Apple; and (ii) Ruby Money, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Ruby Money and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ruby Money.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Ruby Money and Apple, Ruby Money, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license of the App, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App against you as a third-party beneficiary thereof.
9. YOUR COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in the United States. We make no claims concerning whether the Platform, Content or App may be downloaded, viewed, or be appropriate for use outside of the United States. If you access Platform, Content or App from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring your compliance with the laws of your specific jurisdiction.
10. CONSENT TO TELEPHONE COMMUNICATIONS AND TEXT MESSAGES
Receipt of cellular phone calls or SMS text messages may be subject to service provider charges. If you have listed a cellular phone number in your application, or later provide a cellular phone number to us, then you authorize us to call your cellular phone or send SMS text messages to you using an automatic telephone dialing system or prerecorded message in order to provide account information and services regarding your application and your User Account (if approved).
We may contact you using phone calls or text messages for any reason. If you do not want to receive cellular phone calls and SMS text messages about your application or User Account, you can unsubscribe by contacting us at email@example.com. We may contact you using any telephone number provided to us by you.
11. ALTERNATE LOGIN METHODS
You may be able to access your account within the Platform by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device. These features are provided through your device’s built-in functionality, and Ruby Money has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Ruby Money. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Platform.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Platform infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. For purposes of the DMCA, notices and counter-notices can be sent to the contact address provided in the Contact Us section.
13. USE BY CHILDREN
The Platform is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as designated in the Contact Us section:
14. CHANGES TO TERMS OF SERVICE
These Terms of Service are effective as of the Last Updated date stated at the top. We may change these Terms of Service from time to time. We will notify you of any material changes upon your next login to the Platform. By accessing the Platform after we make any changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We and the Banking Provider reserve the right to change, suspend, or discontinue all or any applicable part of the Platform at any time without prior notice or liability. Any provisions why by their nature would survive such termination shall survive the termination of these Terms of Service, expressly including (without limitation) any indemnification, disclaimers, and limitations of liability, and any provisions necessary to give effect to such provisions.
16. BINDING ARBITRATION
In the event of a dispute arising under or relating to these Terms of Service or the Platform (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 17 below, nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
17. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. EQUITABLE RELILEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Service, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Our failure to act on or enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Service constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.
20. CONTACT INFORMATION
If you have any questions regarding the Platform or these Terms of Service, please contact us by emailing us at firstname.lastname@example.org or calling us at 925-385-6785.
Copyright 2021 Ruby Money, Inc. All rights reserved.
Last Updated: August 30, 2021
THE INFORMATION WE COLLECT AND HOW WE USE IT
In the course of operating the Services, Ruby Money collects or receives the following types of information from visitors to the Website; users, subscribers or other users of its App; and from third-party integration partners, which may include personal information.
We collect contact information through our Services; contact information typically includes your name, email address, phone number, tax profile, and any other information you provide in messages to us. We use such contact information for purposes such as providing you with information about the Services, responding to your inquiries, sending you email alerts (including marketing emails), verifying your identity or providing you the Services.
Ruby Money Account Access Information
In connection with the creation of an account on our App, we collect account credentials such as email and password. We use this account information to process the creation of your account including to verify your identity. We also use this information to manage your account including your transactions and linked accounts.
Third Party Account Information
In connection with managing your account on our App, and integrating your third-party accounts (including bank account and retirement account information), we collect such third party account information including account numbers and account credentials. We use this third party account information to link your accounts on our Services to process your transactions.
When you make, or attempt to make, a transaction as a user through our App, we may collect certain information from you, including [your name, mailing address, email address, and phone number]. We refer to this information as “Transaction Information.” We use the Transaction Information that we collect generally to facilitate transactions between users through our App (including providing you with invoices and/or transaction confirmations). Additionally, we use this Transaction Information to: communicate with you; screen our transactions for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Our third-party payment processing providers, including Stripe, may also collect from you, process and store your payment information including credit card information and/or bank account information in accordance with their respective privacy policies linked to below:
For Stripe, visit: https://stripe.com/privacy
Server Log, Device and Other Technical Information
Our servers keep log files that record data each time a device accesses those servers. The log files may contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Services, and details regarding your activity on the Services such as time spent on the Services and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.
Cookies and Similar Technologies
We may collect information using cookies, web beacons, tags, pixel and other similar technologies to record information about how you use the Website. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.
- Session Cookies: We use session cookies to make it easier for you to navigate our Services. A session ID cookie expires when you close the Services.
- Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete them. Persistent cookies enable us to track and target the interests of our visitors to personalize the experience on our Services.
Third-Party Analytics Providers
For Google Analytics, please visit: https://www.google.com/analytics
For more information on these third party advertisers/remarketers, including how to opt out from certain data collection, please visit the sites below. Please note that this list may be subject to change based on the campaigns that we run.
For Facebook, please visit: https://www.facebook.com/settings/?tab=ads
For Google, please visit: https://www.google.com/settings/ads/anonymous]
We may, with your consent, automatically collect geolocation information from your device via your browser’s location services. This consent may be provided by you on the device level (e.g., you have consented to location services generally through your browser’s settings) or by accepting our request for geolocation access on the Services. Please consult your browser’s documentation regarding how to turn off location services. If you disable location services, you may not be able to use the full array of features and functionalities available through our Services.
Aggregate and De-identified Data
In an ongoing effort to better understand our users and the Services, we might analyze your information in aggregate and/or de-identified form to operate, maintain, manage, and improve the Services. We may share this aggregate or de-identified data with our affiliates, agents, and business partners. We may also disclose aggregated or de-identified user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.
Onward Transfer to Third Parties
Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, use analytics, email marketing platforms, and customer service.
To provide our Services and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale of our products and services.
Disclosure to Public Authorities
We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to email@example.com. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services.
HOW WE PROTECT YOUR INFORMATION
IMPORTANT NOTICE TO ALL NON-US RESIDENTS
Our servers are located in the US and elsewhere. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Ruby Money via email at firstname.lastname@example.org.
DO NOT TRACK
Ruby Money does not respond to “Do Not Track” settings or other related mechanisms on our Website at this time.
NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
LINKS TO EXTERNAL WEBSITES
HOW TO CONTACT US
Last updated: November 5, 2021
Ruby Money, Inc. and its third party partners, service providers, and agents, including Plaid and Blue Ridge Bank, N.A. (collectively, "we," "us," "our," and "Ruby Money") are required to provide you with certain written disclosures, documents, and information regarding your transactions with us. Under the federal E-SIGN Act and related state laws, with your consent we can deliver this information to you electronically and use electronic signatures in connection with your transactions. In this Consent, "you" and "your" refer to the business entity or person signing up for a Ruby Money account or using a Ruby Money product. "Communications" means disclosures, notices, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide to you, or that you sign and submit or agree to at our request.
Ruby Money is dedicated to providing the best online banking experience possible, including providing information to you electronically. Please read the terms of this Consent prior to agreeing and please maintain a copy for your records. By accepting this Consent, you agree that you are willing and able to receive and sign Communications in electronic form, and consent to receive Communications in electronic form. This includes the use of electronic communications, electronic disclosures, electronic statements, electronic contracts, and electronic signatures (including “check box” and “button” style acknowledgements). If you do not give your consent to receive Communications in electronic and not paper form, you may not open a Ruby Money account and you agree not to continue using Ruby Money. If you would like to open a Ruby Money account, you must consent to receiving Communications electronically. If you withdraw your consent to electronic Communications at any point after providing consent hereunder, we reserve the right to terminate your Account. . Your consent permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
Agreement to Receive Communications Electronically
By executing this Consent, you are agreeing: (a) to the presentation of electronic Communications, (b) that such Communications are binding contracts, and (c) that you will accept and execute the Communications electronically. You acknowledge that all Communications may be provided electronically. You may also access and review Communications using the methods listed below.
You further agree as follows:
- Your execution of this Consent signifies your intent to enter into a binding legal agreement, and that your consent to conduct business electronically applies to all Communications we will provide to you or agreements that you will execute with us.
- All Communications, including any modifications to such Communications, signed using electronic means are as valid and enforceable as if you executed a paper copy using a “wet ink” handwritten signature.
- The authoritative copy of the electronically executed documents (the “Authoritative Copy”) shall be the electronic copy that resides in our document management system or that of our agents, servicers, and service providers. If a paper version of the Authoritative Copy is created, then both the electronic version and paper version shall be considered originals and shall both be an Authoritative Copy.
We will deliver Communications to you electronically, either through the Ruby Money website www.rubymoney.us ("Website"); the Ruby Money mobile app ("App"); text or SMS messages ("Text Messages"); or through electronic mail ("E-mail"). If we do not deliver Communications to you through the above manners, we will tell you where you can go to receive such Communications.
We may be required by law to deliver certain Communications to you on paper even though you have consented to receive it electronically.
Hardware and Software Requirements
To receive and retain electronic Communications from Ruby Money, you will need the following:
- A computer or mobile device with an operating system that supports everything below;
- An internet connection;
- A current version of a web browser that we support, including: Edge version 42 or higher, Firefox version 62 or higher, Safari version 12 or higher, or Chrome version 69 or higher;
- A hard drive or other method of storing data;
- A valid, active email address;
- The ability to receive emails that contain hyperlinks; and
- A current version of a program that displays PDF files.
We may update these requirements periodically in order to maintain our ability to provide electronic Communications; if these requirements change in a substantial way, we will notify you of the changes.
Updating Contact Information
If you consent to receive the Communications electronically, we will contact you using the information that you have provided to us. It is your responsibility to maintain accurate and current contact information so that we may send you electronic Communications. You can update your email address and other contact information by logging into your online account at www.rubymoney.us, in the "Settings" section, or by emailing us at firstname.lastname@example.org.
Requesting Paper Copies
We may choose to make paper copies of certain electronic Communications available upon request, but assume no obligation to do so. We may also require that certain information from you be delivered to us, on paper, at a specified address. You may obtain a paper copy of an electronic Communication by printing it or by requesting we mail a paper copy. You may make requests for paper copies by emailing us at email@example.com. We will not charge you any fees for providing a paper copy of the Communications.
Communications in Writing
We are required by law to give you certain information in writing. All Communications delivered to you in either electronic or paper format will be taken as information delivered "in writing."
You have the right to withdraw your consent to this agreement at any time. Withdrawing consent will terminate your Ruby Money account, including access to our Website and Mobile App. A balance refund check may be issued you upon account termination in accordance with this Agreement. You may withdraw consent by emailing us at firstname.lastname@example.org.
By clicking continue and proceeding, you are electronically signing this Consent. You agree to the terms of this Consent, effective as of today’s date, and confirm that you have computer software and hardware that meets the requirements above. YOU CONSENT TO (I) RECEIVING COMMUNICATIONS ELECTRONICALLY, AND (II) THE USE OF ELECTRONIC RECORDS AND SIGNATURES IN CONNECTION WITH ALL TRANSACTION(S) WITH US AND OUR AGENTS, SERVICERS, AND SERVICE PROVIDERS, IN PLACE OF WRITTEN DOCUMENTS AND HANDWRITTEN SIGNATURES. Once you give your consent, you can view your documents online or by reviewing your emails. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM US OVER THE INTERNET.
Copyright 2021 Ruby Money, Inc. All rights reserved.
Last updated: November 17, 2021
Please read this Ruby Money Deposit Account Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the non-interest-bearing demand deposit account (the “Account”) made available to eligible consumers by Ruby Money Inc. (“Program Partner”), the program partner responsible for managing the Account program, in partnership with Blue Ridge Bank, N.A. (the “Bank”).
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Partner acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Account, as well as your personal representatives, executors, administrators, and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 6 OF THIS AGREEMENT.
1. Account Overview
1.1 How to Contact Us
You may contact us with any questions or concerns regarding your Account. All communication between you and us will be handled by the Program Partner. The best way to contact us is through email at email@example.com. You may also contact us by phone at 925-385-6785 and by mail at 470 Noor Ave #1070, South San Francisco, CA 94080.
1.2 Type of Account and Eligibility
The Account is a non-interest-bearing demand deposit account used to hold your deposits and make certain types of payments and transfers. The Account is available to United States citizens or lawful permanent residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age, have a U.S. physical address, and have a valid Social Security Number or Tax Identification Number. The Account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.
We may decline to open an Account for any reason at the sole discretion of the Bank or Program Partner. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.
1.3 Online or Mobile Access To Your Account
When you open an Account, you will also be given access to an online banking service or mobile application (collectively, “Online Banking Services”) offered by the Program Partner that you can use to access your Account, view information about your Account and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Account. If you cancel your enrollment in the Online Banking Services at any time, we may close your Account (see Section 3.11 below).
The Account may give you the ability to set up sub-accounts for the purpose of managing your finances by allocating funds to be used towards specific expenses. Your Account and sub-accounts are treated as a single Account for purposes of this Agreement; the sub-accounts are subject to the same terms and conditions as the Account unless expressly provided otherwise in the Agreement. Closing your primary Account will result in the closer of all sub-accounts as well.
1.5 Paperless Account
To open an Account, you must agree to go “paperless.” This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to our Electronic Consent available at www.rubymoney.us/legal/electronic-consent.
1.6 Titling and Ownership of Accounts
The Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account or a Payable-On-Death (POD) account.
1.7 Authorized Users
You may be given the ability to designate additional individuals (“Authorized Users”) whom you authorize to access your Account and/or conduct transactions through your Account. By establishing an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Account that your Authorized User engages in shall be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account by notifying us by email at firstname.lastname@example.org. We also reserve the right to terminate your Authorized User’s access to the Account for any reason and without advance notice.
1.8 How To Open an Account
You may open an Account by downloading the Ruby Money Inc. mobile application from the Apple App Store or Google Play Store and following the instructions within the application.
Important information about procedures for opening a new Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information identifying each person who opens an Account, including any Authorized Users who may access an Account. This means that when you open an Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may also ask to see identifying documents, such as a driver’s license.
1.9 Minimum Deposits and Balances
There is no minimum deposit required to open an Account and no minimum balance you need to maintain in your Account.
1.10 Interest Disclosures
This Account is not interest-bearing. No interest will be paid on this Account.
1.11 Power of Attorney and Attorneys-In-Fact
We may allow you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Account. You must obtain written approval from us before we will honor any power of attorney. Email us at email@example.com for approval if you plan to create a power of attorney. Please be aware that it may take up to two (2) weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (1) we receive a written revocation from you; (2) we are notified that you or your attorney-in-fact have died or become incapacitated; or (3) we terminate our acceptance of the power of attorney. We may terminate our acceptance at any time, for any reason and without notice to you, and you agree not to hold us liable for any damages that may result from such action. You also agree to hold us harmless for any actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed.
1.12 Death or Incapacitation
You agree that if we receive notification or if we have reason to believe that you have died or become legally incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identify of your heir, devisee or successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice.
1.13 Our Relationship With You
By opening an Account, we are establishing an Account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the Commonwealth of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
1.14 Third-Party Service Providers
Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Account or the transactions you make:
- To verify your identity and determine if we should open an Account for you using services provided to us by third parties.
- Where it is necessary for completing a transaction.
- To verify the existence and condition of your Account for a third party such as a credit bureau or merchant.
- To comply with government agency or court orders.
- If you give us your written permission to share your information.
1.16 Cell Phone Communications
By providing us with your cellular phone or other wireless device number, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, and text messages—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
1.17 Our Business Days
Our business days are Monday through Friday, excluding federal holidays.
2. Your Account Responsibilities
We strive to keep your Account secure and provide you with tools and services to help you manage your Account. However, there are certain things you should do to protect your Account and your funds.
2.1 Notify Us If Your Information Changes
You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.
2.2 Keep Track of Your Transactions and Available Balance
It is important that you keep track of your transactions and the funds in your Account that are available for you to use (“Available Balance”) by reviewing your transaction history. It is also important to understand that your Available Balance may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us within thirty (30) days to avoid losing your money. Please refer to Section 4.6 for information concerning errors and unauthorized activity.
2.3 Protect Your Account Information
It is very important that you protect your Account information to prevent unauthorized transactions and fraud. Keep your Account number and statements secure at all times, and be careful about who you share this information with. If the Program Partner provides you with access to Online Banking Services, make sure to also keep your computer or mobile device secure at all times and avoid accessing the Online Banking Services when others can see your screen.
If your Account number, mobile device, or Online Banking Services login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to Section 4.5 for information and applicable deadlines for notifying us of losses or theft.
3. General Rules Governing Your Account
You understand that any payment instruction or activity performed using any Online Banking Services provided to you by the Program Partner shall be deemed authorized by you and valid and we are under no obligation to investigate the instruction or activity.
3.1Deposits Into Your Account
You may make deposits into your Account using any of these methods described below. We do not charge you any fees for making deposits.
We do not accept deposits by mail, or cash, paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
- Cash: We do not accept cash deposits. If you mail us a cash deposit, we will send the cash back to you.
- Paper Checks: If you mail a paper check to us, including personal checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Account or send the check back to you.
- Foreign Currency: We do not accept any deposits in foreign currency. Any deposits received in foreign currency, whether in the form of cash or check, will be sent back to you.
We will send all items back to the address we have for you on file and we are not liable if you do not receive the items.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section 3.2.
3.2. Our Funds Availability Policy
It is our policy to make deposits made to your Account each business day available for withdrawal according to the table below. The end of the business day is referred to as the "deposit cut-off time". If you make a deposit before our cut-off time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
The availability of funds transferred to your Account from a linked bank account held by another financial institution follow different rules. Please refer to Section 3.6 for more information.
3.3. Problems that Could Occur With Deposits
If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn. Please refer to Section 3.10 concerning overdrafts for more information.
3.4. Transfers To or From Two Accounts You Have With Us
You may transfer funds from one Account in your name to another account in your name held by us that is managed by the Program Partner (an “internal transfer”). There are no limits on the number of internal transfers you may make, and internal transfers are immediately available.
3.5. Withdrawals From Your Account
You may withdraw funds up to the amount of your Available Balance in your Account using any of the following methods and subject to the following limits:
You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.
3.6. Transfers To or From Linked Bank Accounts
You may be provided with the ability to link another bank account you have with another financial institution (“linked bank account”) to your Account with us to make inbound and outbound ACH transfers between the linked bank account and your Account through the Online Banking Services. An “inbound transfer” moves funds into your Account from a linked bank account. An “outbound transfer” moves funds from your Account to a linked bank account.
For inbound transfers, we will debit your linked bank account and credit your Account with us on the next business day after you initiate the transfer. The funds you transfer to your Account will be made available to you by the fifth (5th) business day after the funds have been credited to your Account.
For outbound transfers, we will debit your Account with us and credit your linked bank account on the next business day after you initiate the transfer. The financial institution that holds your linked bank account determines when those funds will be made available to you in your linked bank account.
The cut-off time for both inbound and outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day.
There are limits to the dollar amount of both inbound and outbound transfers you can make. Please see sections 3.1 and 3.5 for relevant limitations.
You agree that you will only attempt to link a bank account for which you have the authority to transfer funds. You also agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.
3.7. No Illegal Activity, Internet Gambling and Right to Refuse Transactions
You must not use your Account for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion.
3.8. How We Post Transactions To Your Account and Determine Your Available Balance
3.8.1. Posting Overview
To understand how we post transactions to your Account, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Account at any given time that is available for you to use. Your ledger balance is the balance in your Account at the beginning of the day after we have posted all transactions to your Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
- Credit and debit – A credit increases your balance and a debit decreases your balance.
- Post or posted – Transactions that are paid from or deposited to your Account. Posted transactions will either increase or decrease both your Available Balance and your ledger balance.
- Pending – Transactions that we receive notice of and are scheduled to post to your Account. Pending transactions affect your Available Balance, but not your ledger balance.
3.8.2. Posting Order
We receive transactions throughout the day and post them to your Account as they are received and in the order that they are received.
We may change the order in which we post transactions to your Account at our discretion and without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.
3.8.3. Determining Your Available Balance
To determine your Available Balance, we start with your ledger balance at the beginning of the business day, add any pending credits or deposits that we make available to you, and subtract any card authorizations and pending debits. All transactions are debited or credited from your Available Balance in the order received.
You may check your available balance using Online Banking Services. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. For example, your Available Balance may not include transactions you have authorized that we have not received.
Statements will periodically be provided to you through Online Banking Services if your Account is not inactive. You will receive a statement monthly if you have transactions on your Account during the statement period. If there were no transactions on your Account, we will provide you statements at least quarterly. You will not receive paper statements.
3.10. Overdrafts, Nonsufficient Funds and Negative Balances
We do not permit you to overdraw your Account. If the Available Balance in your Account is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Account can still go into the negative, such as if a deposit you make is returned. You must make a deposit immediately to cover any negative balance. If your Account has a negative balance for sixty (60) calendar days or more, we may close your Account.
3.11. Closing Your Account and Account Suspensions
You can close your Account at any time and for any reason by email at firstname.lastname@example.org. We reserve the right to refuse your request if you have a negative balance on your Account. We recommend that you transfer or withdraw any funds you may have in the Account prior to submitting a request to close the Account to avoid delays in receiving your funds.
We may also suspend or close your account at our discretion with or without notice. This includes if we believe you are using your Account for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Unit, or if you otherwise present undue risk to us or Unit. We may also close your Account if you have not made any deposits or withdrawals from your Account in over twelve (12) months. In addition, cancelling your enrollment in the Online Banking Services with the Program Partner will result in our closure of the Account and our return of your funds. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.
If your Account is closed with a balance greater than $1.00, we will return any funds you may have in the Account to you by ACH transfer to another bank account or by paper check. We reserve the right not to return the funds to you if the balance in your Account is $1.00 or less. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
3.12. Dormancy, Inactivity and Unclaimed Property
State law and our policy govern when your Account is considered dormant. Your Account is usually considered dormant if you have not accessed your Account, communicated to us about your Account or otherwise shown an interest in your Account within the period of time specified under applicable law. Each state has varying laws as to when an account becomes dormant, and we may be required to send the balance in your Account if it becomes dormant to the state of your last known address. We will make reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Account to the applicable state. After we surrender the funds to the state, you must apply to the appropriate state agency to reclaim your funds. You can avoid the surrender of your funds by simply conducting transactions, contacting us about your Account or replying to any abandoned property notices we may provide to you.
We may also place your Account in an inactive status if you have not had any transaction for at least six (6) months. If your Account becomes inactive, you may not receive statements or be able to conduct certain transactions. Inactive Accounts must be reactivated. Contact us by email at email@example.com to reactivate your Account.
3.13. Account Fees and Fee Schedule
You agree to pay all fees and charges applicable to your Account. All fee amounts will be withdrawn from your Account and will be assessed regardless of whether you have sufficient funds in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
4. Electronic Fund Transfers
Your Account allows you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers and direct deposits. This Section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account. You may also receive additional services through Online Banking Services provided by the Program Partner, that allow you to initiate EFTs to and from your Account that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services by the Program Partner.
4.1 Types of EFTs Supported by Your Account
Your Account allows the following types of EFTs:
- Direct deposits from your sources of income
- Transfers to or from your Account to or from a linked bank account (see Section 3.6)
- Transfers to or from your Account to a merchant or other third party by providing the third party with your Account routing number and account number
4.2. Limitations on EFTs
There are limitations on the frequency and amount of transactions you can make to or from your Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Account, please refer to Section 3.1 concerning deposits. For limits that apply to transactions that debit or withdraw from your Account, please refer to Section 3.5 concerning withdrawals. For limits that apply to transfers to or from your Account from a linked bank account, please refer to Section 3.6. These security-related limits may change from time to time.
4.3. Your Right to Receive Information and Documentation of Your Transactions
You will receive information and documentation concerning any EFTs that debit or credit your Account in the following ways:
- Statements: We will provide you information about each transaction that debits or credits your Account on your statements. Please refer to Section 3.9 for information about statements.
- Direct Deposits: If you receive a direct deposit into your Account at least once every sixty (60) days from your employer or other person or company, you can check if the deposit has been made through Online Banking Services.
4.4. Preauthorized Transfers, Your Right to Stop Payment and Notices of Varying Amounts
If you authorize us or another company or person to withdraw from your Account on a regular basis (such as when you sign up for “autopay” to pay a monthly bill), it is called a Preauthorized Transfer. You have the right to place a stop payment on Preauthorized Transfers, as well as get notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal.
4.4.1. Your Right to Stop Payment
If you authorize a company or person to take payments from your Account on a regular basis through a Preauthorized Transfer, you can stop any of these payments by contacting us by email at firstname.lastname@example.org at least three (3) business days before the next payment is scheduled to be made.
Make sure to provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
4.4.2. Our Liability if We Fail To Stop a Preauthorized Transfer
If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.
4.4.3. Notices of Varying Amounts
If these regular payments vary in amount, the person or company you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
4.5. Our Liability for a Failure To Complete A Transaction
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:
- If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours.
- If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by the Program Partner, that you knew about before you began a transaction.
- The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
- If your funds are not available due to a hold or if your funds are subject to legal process.
- If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal.
- If your Account is closed or inactive.
- There may be additional exceptions stated in our or Unit’s agreements with you or permitted by law.
4.6. Your Liability for Unauthorized EFTs
Contact us immediately at 925-385-6785 or email@example.com if you believe that an unauthorized EFT has occurred or may occur concerning your Account or Online Banking Services login credentials have been lost, stolen or compromised. Contacting us is the best way of keeping your losses to a minimum.
You could lose all the money in your Account (and any bank accounts with other institutions you have linked to your Account) if you take no action to notify us of the unauthorized EFT or the loss or theft of your Online Banking Services login credentials.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
- If you tell us within two (2) business days after learning of the loss, theft or compromise of your Online Banking Services login credentials, you can lose no more than $50.
- If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.
- If your statement shows EFTs that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses.
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
4.7. In Case of Errors or Questions About Your EFTs
Email us as soon as you can at firstname.lastname@example.org if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared. You must provide us with the following information:
- Your name and Account number.
- A description of the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing by email within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will communicate the results to you and correct any error promptly. If we need more time, we may take up to forty-five (45) days—or ninety (90) days for Accounts open less than thirty (30) days or foreign-initiated transactions — to investigate your complaint or question. If we decide to do this, we will credit your 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 Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will communicate the results to you within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation by email. You may ask for copies of the documents that we used in our investigation.
5. Other Legal Terms and Conditions
5.1. No Assignments
Your Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer our rights under this Agreement.
5.2. Legal Processes and Claims Affecting Your Account
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Account until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Account, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Account and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
5.3. Limitation of Liability and Disclaimer of Warranty
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ONLINE BANKING SERVICES PROVIDED TO YOU BY RUBY MONEY INC. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
5.5. Our Right of Set-Off and Security Interest
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in your Account or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.
5.6. Changes in Terms and Additional Services
We may change this Agreement, or any fees and features of your Account, at any time by posting an amended Agreement on the Program Partner’s website, www.rubymoney.us/legal, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.
5.7. No Waiver of Rights
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
5.8. Conflicts and Section Headings
If there is a conflict between this Agreement and any other document or statement made to you concerning the Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
5.10. Governing Law, Forum and Time Limits
All actions relating to your Account and this Agreement will be governed by the laws and regulations of the United States and the Commonwealth of Virginia where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in the Commonwealth of Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
6. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
6.1 Election to Arbitrate
You, Ruby Money Inc. and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 6 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that 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. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
6.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
6.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at email@example.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.
6.4 Arbitration Procedures
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
6.5 Arbitration Fees
If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one (1) full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator 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 Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
6.7 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, 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 6.7, 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 Section 6.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
6.8 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 6.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’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 Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 6.7 are finally adjudicated pursuant to the last sentence of Section 6.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
6.9 Judicial Forum for Claims
Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the Commonwealth of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
6.10 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION
Copyright 2021 Ruby Money, Inc. All rights reserved.
Last updated: October 28, 2021
Important information about procedures for opening a new Account:
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information identifying each person who opens an Account, including any Authorized Users who may access an Account. This means that when you open an Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may also ask to see identifying documents, such as a driver’s license.
Last updated: March 18, 2022
I authorize Ruby Money and its partner Track Technologies, Inc. dba “Abound” (4 Embarcadero Ctr, Ste 1400, San Francisco, CA 94111) to enroll me with EFTPS and submit estimated tax payments to the IRS and/or state tax authorities on my behalf. I certify under penalty of perjury that the personal and bank information provided to this service is accurate and my own. I understand that payments submitted through this service to the federal and/or state tax authorities are finalized and cannot be reversed. I acknowledge that the specific use is not recorded on the Centralized Authorization File (CAF). I authorize Abound to receive and/or inspect estimated tax payments and tax information related to Form 1040 and 1040ES for the years 2021-2024 for the purpose of submitting estimated tax payments. My agreement to these terms on today’s date represents my digital signature for the written equivalent of Form 8821 and authorization to file Form 8821 on my behalf with the information herein.
Last updated: November 1, 2022
The “Limited Referral Bonus is a bonus program for Ruby Money users (each a “User” or “you”) who refer non-User, first-time Ruby Money account holders (“Friends”).
To be eligible for the Limited Referral Bonus:
(a) a Friend must successfully sign up using his or her personal invitation code or link;
(b) the Friend must have set a withholding rule (e.g., Taxes or Retirement) and make at least one hundred dollars ($100) in settled deposits; and (d) each new account must be open, comply with Ruby Money’s terms and conditions, not be in a “locked” or fraud-alerted status, and have maintained a minimum balance of one hundred dollars ($100) for forty-five (45) continuous days (“Good Standing”).
In addition to the criteria above, Users must have an open account at the time the bonus is to be paid.
Balance calculations do not include the value of any paid Ruby Money bonuses. Each User who meets the criteria above will receive a payment of twenty dollars ($50) (a “Referral Bonus”) which will be paid in the form of a debit to his or her Ruby Money Tax account within seven (7) days from the fulfillment of all eligibility criteria. The maximum aggregate reward each User is eligible to receive for the Limited Referral Bonus is one thousand dollars ($1,000). Each User will only be entitled to one (1) Limited Referral Bonus for each Friend up to the stated limit. Ruby Money employees are ineligible for the Limited Referral Bonus.
Ruby Money reserves the right to modify, restrict, suspend, revoke, or terminate this offer or any Ruby Money user’s eligibility at any time in its sole discretion without prior notice. Ruby Money, Inc provides, among other things, financial information to assist users in managing their finances through saving for taxes and retirement. Ruby Money also provides aggregation of financial data, a wallet view of income, saving, and rules-based saving.
Ruby Money is not a bank, nor is it a financial planner, or CPA. The Ruby Money platform is merely a tool to assist you in your financial planning and decision-making. You are solely responsible for your savings and financial decisions.
For the purposes of the foregoing, Ruby Money is acting as an agent of our bank partner, Blue Ridge Bank, N.A