Last Updated: 12/11/2024
Welcome to Tribe Money!
Introduction
These Terms of Service, (“TOS”) along with any other documents referenced here as applicable to your use of the products and services, features, technologies, and/or functionalities offered by Tribe Money Pools Inc. (“Tribe Money”) on its website (“Website”, https://www.tribe.money/) or in a mobile application (“App”) or through any other means (collectively, the “Services”) are a contract between you and Tribe Money. These Terms of Service are provided to you in electronic format pursuant to the Consent to Receive Electronic Disclosures that you accepted and agreed to when you opened your Tribe Money account on the Mobile App (“Tribe Money Account”).
“You” and “your” means the person who is authorized to use the Services as provided in these Terms of Service. "We,” "us,” and "our” mean Tribe Money, and our successors, affiliates, assignees, and third-party service providers.
By accessing the Services, you represent that you have read and agree to be bound by these Terms of Service and the Tribe Money Privacy Policy (the “Tribe Money Privacy Policy”) which is incorporated by reference to these Terms of Service. If you do not agree to these Terms of Service or the Tribe Money Privacy Policy, please do not access the Mobile App or use the Services.
If there is a conflict between these Terms of Service and any other document or statement made to you concerning the Services, these Terms of Service will govern. All banking services are performed by our bank partner, (“Partner Bank”).
THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL AND CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS. Please read the entire Terms of Use.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
If you have any questions please contact us at support@tribe.money.
Changes to Terms of Service
We may amend these Terms of Service at any time and any change or amendment will be effective upon posting the updated Terms of Service on the Website. The date on the top of this page shows when the Terms of Service was last updated. We will provide reasonable notice in writing or by any method permitted by law if there is a change to these Terms of Service that may be adverse to you or imposes additional obligations on you. However, by continuing to use the Mobile App or the Services, you agree to be bound by such amendments or additional obligations or restrictions.
Eligibility
To access and use the App or Services you must be an individual of at least 18 years of age, and must reside in the United States.
All Services require you to set up a Tribe Money account and for us to verify your identity and share your information with third-party service providers to assist us in doing so. If you choose to set up a Tribe Money Account, you agree to provide us with true, accurate, and complete information about yourself as prompted by Tribe Money’s user registration flow. If any of the provided information changes, it is your responsibility to provide updated information as soon as possible. We may require you to provide us with additional information as needed for continued use of the Services.
You may register for only one (1) Tribe Money Account. If you open additional accounts, we reserve the right to immediately close such additional accounts.
By accessing the Services you represent and warrant that you are eligible to do so.
Under penalty of perjury, you certify that:
The social security number or tax ID number you provide Tribe Money is correct, and
You are a U.S. citizen or resident.
USA Patriot Act Disclosure: 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 that identifies each person who opens an account. When you open an account, we or our Partner Bank will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Services
General Description: Tribe Money provides users with a technology platform, that allows them to request, send, and share money through a shared, group bank account (Tribe Shared Account). The Tribe Shared Account allows more than one user to access the same bank account and allows them to send money into, and request money out of the bank account. Tribe Users in a Tribe Shared Account are also able to communicate amongst themselves via the built-in instant messenger and track their account spending through the account. The purpose of the Tribe Shared Account is to allow users to manage their group finances through one platform, rather than having to use multiple applications and bank accounts.
Definitions:
Tribe User: A user on Tribe Money who has set up their account, undergone the verification process, and been approved to connect their bank account.
Tribe User Wallet: The personal Tribe Money wallet of a Tribe User to deposit funds into from their third-party bank account and to and from Shared Tribe Accounts they are a part of.
Tribe Shared Account: A group bank account on Tribe Money where Tribe Users can pool money, as well as make Requests, view transactions, and control spending based on the individual Tribe User’s Privileges.
Basic Capabilities: These are the capabilities every Tribe User in a Shared Tribe Account will have, in addition to their assigned Privileges.
Privileges: These are a Shared Tribe Account’s way of implementing controls and protecting the money in a Shared Tribe Account. Tribe Users can have either Voting Privileges, Viewing Privileges, or both in addition to their membership of a Shared Tribe Account.
Voting Privileges: This Privilege grants the Tribe User the ability to vote on Requests made in the Shared Tribe Account. The number of Tribe Users with Voting Privileges is used to define the Voting Threshold for every Request that is created. A Request is approved when the number of Tribe Users with Voting Privileges approving the request exceeds the % required by the Voting Threshold.
Viewing Privileges: This Privilege grants the Tribe User the ability to track spending by giving them access to dashboards that track the Shared Tribe Account’s spending over time.
Voting Threshold: This is the minimum percentage of Tribe Users with a Voting Privilege that must approve a Request before it is executed. The Voting Threshold is set at 51% by default and can be changed by raising a Request.
Requests: These include Withdrawal Requests, Privilege Requests, Voting Threshold Requests, and Invite Requests, and are requests for changes in the Shared Tribe Account fund, or account setup that must be voted on.
Withdrawal Request: This is a request made to withdraw funds from a Shared Tribe Account
Privilege Request: This is a request made to change the Privileges of a Shared Tribe Account member.
Voting Threshold Request: This is a request made to change the Voting Threshold of a Shared Tribe Account. A change in the Voting Threshold will only take effect after this request has been approved at the set Voting Threshold.
Invite Request: This is a request made to add/invite a new user to a Shared Tribe Account.
How it Works: Tribe Money has a Privilege-based user system. Under this, every Tribe User that are a part of a Shared Tribe Account have access to the following Basic Capabilities:
Contribute money from their personal bank account to their Tribe User Wallet.
Withdraw money from their Tribe User wallet to their personal bank account.
Create or Join a Shared Tribe.
Contribute money to a Shared Tribe Wallet.
Create a Withdrawal Request.
Create an Invite Request.
In addition to these Basic Capabilities, Tribe Users may have additional Privileges. All Privileges are assigned to the Tribe User that creates a Tribe Shared Account. Privileges can also be assigned to a Tribe User when the Invite Request to add them to a Tribe Shared Account is created, or by creating a separate Privilege Request once the Tribe User is added to the Tribe Shared Account.
There are two types of Privileges available for Tribe Users:
Voting Privileges,
And Viewing Privileges.
Tribe Users in a Shared Tribe Account can create different Requests that must be approved by members of the Shared Tribe Account with Voting Privileges. A Request is considered approved if the percentage of Tribe Users with Voting Privileges approving the Request exceeds the Voting Threshold.
Access to Funds: A Tribe User can access funds in a Shared Tribe Account by creating a Withdrawal Request. The Tribe User will have access to the funds requested after the Request is approved.
Inviting others to Shared Tribe Account: A Tribe User can invite users to a Shared Tribe Account by creating an Invite Request. The user will be added to the Shared Tribe Account after the Request is approved. The user must have completed their onboarding flow and identity verification process before they are able to engage in monetary transactions on the Shared Tribe Account.
Tribe User Account & Security: You are responsible for maintaining the confidentiality of your Tribe Money Account and are fully responsible for any and all activities that occur in connection with your password or Tribe Money Account. You agree to (a) immediately notify us of any unauthorized use of your Tribe Money Account or any other breach of security, such as a compromised password and (b) ensure that you exit from your Tribe Money Account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from the unauthorized use of your Tribe Money Account.
Allocation of Funds & Leaving a Shared Tribe Account: Funds in a Tribe Shared Account are owned by the Tribe Shared Account, and accessible to all Tribe users, after approval of a Withdrawal Request. If a Tribe User is leaving a Tribe Shared Account, it is their responsibility to create a Withdrawal Request to be reimbursed for any outstanding contributions. Tribe Users are urged to settle their balances within their Shared Tribe Account internally, before leaving a Tribe. Tribe Money does not mediate disputes between Tribe Users.
Confidentiality: We will disclose information to third parties about your account or the transfers you make:
where it is necessary for completing transfers, or
in order to comply with government agency or court orders, or
if you give us your written permission.
Reviews: Please note that all activity related to a Tribe Shared Account is subject to our review and we reserve the right to pause, stop, or suspend any transaction at any time. We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with these Terms of Service. In connection with our review process, you may be required to provide us with additional information and/or documentation. We may limit your Tribe Money Account and your access to money in it or that is sent to you until you have provided the information we have requested.
Modification of Services: We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Prohibited Activities
As a condition to accessing and using the Services, or operating a Tribe Money Account, you agree you will not:
violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
attempt to defraud (or assist in the defrauding of) Tribe Money or other Tribe Users;
use funds in a Tribe Shared Account that you are not authorized by the other Tribe Users in the Tribe Shared Account to use;
provide false, inaccurate, or misleading information;
use the account to carry out transactions or make payments;
take any action that interferes with, intercepts, or expropriates any system, data, or information;
partake in any transaction involving the proceeds of illegal activity or gambling;
transmit or upload any virus, worm, or other malicious software or program;
attempt to gain unauthorized access to other Tribe Money accounts, Services, or any related networks or systems;
use the Services on behalf of any third party or otherwise act as an intermediary between Tribe Money and any third parties;
collect any user information from other Tribe Users, including, without limitation, email addresses;
defame, harass, or violate the privacy or intellectual property rights of Tribe Money or any other Tribe Users;
upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise; or
display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Fees
We may charge a fee for your use of the Services or any part of your use of the Tribe Money Account. To the extent we do, you may be required to select a form of payment and provide information to us regarding your form of payment. You represent and warrant to us that such information is true, correct, and accurate, and that you are authorized to use the payment instrument. You will promptly update your Tribe Money Account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified per these Terms of Service. If you dispute any charges, you must let us know within sixty (60) days after the date that we charge you. We reserve the right to change our prices. If we do change prices, we will provide notice of the change to you through any reasonable method of communication (including email, by updating these Terms of Service, or by notice to you through the Mobile App) at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the Services other than U.S. taxes based on our net income.
Per the Truth in Savings Act (TISA), we would also like to provide you with the following information about your Tribe Money Account:
Interest: Tribe Money does not offer interest on our Tribe Shared Accounts.
Minimum Balance Requirements: Tribe Money does not have minimum balance requirements in order to open your account.
Minimum Balance Fees: Tribe Money does not impose minimum balance fees.
Other Fees: The following fees may be assessed against your account. If you opt to utilize our Instant Transfer feature, you will be charged 1.75% of the total transaction, for a minimum of $0.25 and a maximum of $25.00. If you do not choose to utilize this feature, no fees will be assessed.
Transaction Limits: We reserve the right to change the deposit, withdrawal, storage, and velocity limits on your Tribe Money Account as we deem necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
Minimum Transaction Limit: There is no minimum transaction limit for Tribe Money.
Maximum Transaction Limit: There is no maximum transaction limit for Tribe Money.
Deposit or Withdrawal Limit: There are no limits on the number of deposits you can make into a Tribe Shared Account. For withdrawals, you can withdraw up to the full dollar amount in any Tribe Shared Account, across any number of individual transactions.
Consent to Communication and Electronic Disclosures
General Consent: To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Tribe Money Account or the Services from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Tribe Money Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your Tribe Money Account and the Services, and as authorized by applicable law and regulations. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
With the above understandings, you expressly consent to be contacted by us or our affiliates at any telephone number (including mobile or landline), e-mail address, mailing address, or physical or electronic address, in each case, that you provide or at which you may be reached. You agree we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that the purpose of our communication may be marketing or transactional.
You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at support@tribe.money. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to support@tribe.money.
You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Tribe Money Account activity, balances, payments, suspicious activities, and other matters involving your use of the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your Tribe Money Account or use of the Services. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
Account Termination and Closure
You may terminate this agreement at any time by closing your Tribe Money Account and discontinuing use of the Services by contacting us at support@tribe.money. When we receive your request to close your Tribe Money Account, we may take a reasonable amount of time to process your account closure. Upon termination of this agreement and your Tribe Money Account, you remain liable for all transactions made while your Tribe Money Account was open.
You agree that Tribe Money, in its sole discretion, may suspend or terminate your Tribe Money Account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Tribe Money believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Tribe Money may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that Tribe Money may immediately deactivate or delete your Tribe Money Account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tribe Money will not be liable to you or any third party for any termination of your access to the Services.
If you have a balance remaining in a Tribe Money Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently. We have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if we believe fraudulent or illegal activity has occurred
If you are unable to login to your Tribe Money Account, you will need to contact us at support@tribe.money to process such withdrawal.
Third-Party Distribution Channels, Websites, and Information
Third-Party Account Information: To use the Services, you authorize Tribe Money to retrieve your transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions and including, without limitation, any other bank partner through which we may offer our Services (“Third-Party Account Information”). Tribe Money works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Tribe Money products and services that may be of interest to you. By using the Services, you authorize Tribe Money to access this information maintained by such third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. Tribe Money may, but is not required to, review the Third-Party Account Information for accuracy, legality or non-infringement, and Tribe Money is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will correspond to the information provided by third parties, and that this information may not reflect pending transactions or other recent activity.
Our Services may appear on, or link to, or third-party links, websites, or content. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
IP Rights
Service Content, Software and Trademarks:
The technology and software underlying the Services and the Mobile App or distributed in connection therewith are the property of Tribe Money, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tribe Money.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.
The Tribe Money name and logos are trademarks and service marks of Tribe Money(collectively, the “Tribe Money Trademarks”). Other Tribe Money product, and Service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tribe Money. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tribe Money Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Tribe Money Trademarks will inure to our exclusive benefit.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant to us and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tribe Money, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Tribe Money’s Copyright Agent at support@tribe.money (Subject line: “DMCA Takedown Request”).
Copyright Notices: To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Tribe Users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Service and/or terminate access to the Tribe Money Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnity and Release
You agree to release, indemnify and hold Tribe Money, 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 these Terms of Service and applicable law; (3) any action or omission by you in violation of these Terms of Service or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a user from a jurisdiction that does not allow the certain indemnification obligations, you agree that the foregoing section titled “Indemnity” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRIBE MONEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRIBE MONEY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
If you are a user from a jurisdiction that does not allow the exclusion of certain types of warranties, you agree that the foregoing section titled “Disclaimer of Warranties” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIBE MONEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIBE MONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRIBE MONEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRIBE MONEY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURISDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution through Binding Arbitration
This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.
As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Tribe Money, or any of its agents or retailers, arising from or relating to these Terms of Service or the Services as well as any related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Dispute Resolution Provision or the Terms of Service. “Claim” includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean Tribe Money, our wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and our agents, employees, directors and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with the Services (including, but not limited to, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities using the Services. “Claim” will not include any services provided by Tribe Money to its debit card terms, and any dispute related to the debit card terms, or services provided thereunder, are to be governed by the Cardholder Agreement.
NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.
Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the other party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.
This Dispute Resolution Provision will survive termination of your Tribe Money Account, your use of the Services, these Terms of Service and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, these Terms of Service or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.
User Disputes
You agree that you are solely responsible for your interactions with any other Tribe User in connection with the Services or use of a Shared Tribe Account and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Tribe Money and govern your use of the Service, superseding any prior agreements between you and Tribe Money with respect to the Service; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Tribe Money, as applicable. These Terms of Service will be governed by the laws of the State of Washington without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Tribe Money agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Tribe Money to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Tribe Money, but Tribe Money may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles and the “In a Nutshell” summaries in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice to California Users
Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Tribe Money Pools Inc., 895 Regent Ct, San Carlos, CA 94070.
Contact
Please contact us at support@tribe.money for any questions regarding these Terms of Service or the Service.
