01/10/2024
FrontPay Holdings, LLC
Terms and Conditions
The following terms of service are terms of a legal agreement (the "Agreement") between you
("you", "your", or "user") and FrontPay Holdings, LLC and its subsidiaries, affiliates, agents and
assigns ("Frontpay", "we", "us", or "our") which sets forth the terms and conditions for your use
of FrontPay's mobile application ("Mobile App") and FrontPay's website, joinfrontpay..com (the
“Website”), as well as the products and services offered, operated or made available by
FrontPay through the Mobile App or Website (collectively, the "Services"). The Mobile App,
Website, and Services are owned and operated by FrontPay, and are being provided to you
expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App,
Website or Services, you acknowledge that you have read, understood, and agree to be bound
by the terms of this Agreement and to comply with all applicable laws and regulations.
1. ACCEPTANCE OF TERMS & ACCOUNT ELIGIBILITY
These Terms create a legal obligation and form an essential basis of the bargain between you
and FrontPay, its subsidiaries, affiliates, agents and assigns. By accessing, browsing and/or
using the Site or the Services, you acknowledge that you have read, understood, and agree to
be bound by these Terms and to comply with all applicable laws and regulations. If you do not
agree to these Terms, you may not access or use this Site or the Services.
To use this Site or the Services and to accept the Terms, you must be 1) a legal resident of the
United States, 2) of legal age to form a binding contract with FrontPay, and 3) not prohibited by
law from using the Site or the Services. FrontPay may suspend, restrict your access to, or
cancel your FrontPay Account at any time, for any reason. By applying for or using your
FrontPay Account, you acknowledge that you have received a copy of these Terms and you
understand and agree to them.
2. PRIVACY POLICY
By agreeing to these Terms, you also consent to FrontPay’s Privacy Policy, which details how
we handle and protect data. We reserve the right to update the Privacy Policy at our discretion.
Any changes made to our Privacy Policy are effective when the updates are live on the Site.
3. ACCOUNT INFORMATION ACCURACY AND UPDATES
To access FrontPay’s Services, you must create a FrontPay Account. When you create a
FrontPay Account, you will obtain a Login ID and password. After you create a FrontPay
Account, obtain a Login ID and password, and proceed to setup your FrontPay Account through
the Site, we will prompt you to provide us with certain information, such as, but not limited to,
your name, mailing address, and email address (collectively “Account Information”).
You agree that any Account Information you provide will be accurate, current, and complete.
Should any of your Account Information change, you agree that you will update this information
as soon as possible. To update your Account Information, you may go to the Profile section of
the Site, click on“Settings,” and update your Account Information accordingly.
You may only open one FrontPay Account. You may not maintain a joint account with another
person and you cannot add an authorized user to your FrontPay Account.You agree that you will
not allow another person to use or access your FrontPay Account and will not share your Login
ID or password with other persons. You represent that you are a legal owner of, and that you
are authorized to provide us with all Account Information and other information necessary to
facilitate your use of the Services.
In order to use certain Services, FrontPay may be required to verify your identity. You authorize
us to make any inquiries we consider necessary to validate your identity. If you do not respond
to such inquiries or we cannot verify your identity, we can refuse to allow you to use the
Services or revoke any previously granted access.
Should you believe or have reason to believe that any of your Account Information, including
your Login ID and/or password, has been compromised, or that another person is accessing
your FrontPay Account through some other means, you agree to notify us as soon as possible
at Info@JoinFrontPay.com.
4. THIRD-PARTY ACCOUNT INFORMATION
To use the Services, you must direct FrontPay to retrieve your account transaction history,
balance information, or other information maintained by third parties with which you have
relationships, maintain accounts or engage in financial transactions (“Third-Party Account
Information”). By using theServices, you authorize FrontPay, as well as third-parties service
providers acting on FrontPay’s behalf, to access your Third-Party Account Information, on your
behalf as your agent, and you expressly authorize the third parties to disclose Third-Party
Account Information to us. You agree that you are responsible for maintaining the security of the
passwords and usernames you use to access any third-party sites and will keep those
passwords and usernames up-to-date on the Site. FrontPay does not review Third-Party
Account Information for accuracy, legality or non-infringement. Additionally, FrontPay is not
responsible for your Third-Party Account Information or products and services offered by or on
third-party sites.
You understand that any Third-Party Account Information displayed through the Services will be
the information we most recently accessed, and that this information may not reflect pending
transactions or other recent activity.
5. FrontPay’s ADVANCE SERVICE
5.1 Overview of the Advance Service.
When you sign up for FrontPay's service, you may elect to receive one or more non-recourse
Advances (each, an "Advance") from FrontPay. We require you to connect a Bank Account to
your FrontPay Account so that you may receive Advances and so that we may charge you for
any Advance or related fees, as described below. If you are an eligible user, you may request to
receive a Cash Advance into your Bank Account at any time by logging into your
FrontPay Account and clicking the “Cash Advance” page. FrontPay may deny your
request for a Advance at any time or for any reason. The advance service is not avaliable in every state.
5.2 Membership Fee
FrontPay services is subject to a $14.99 per month subscription fee (the "Membership Fee”). We require that you link a Bank Account or Debit Card (a “Linked Account") for payment of the
Membership Fee. After connecting a Linked Account, we will analyze your Linked Account to estimate the days you ordinarily receive your income (“Pay Dates”) based on your direct deposit
history. The first Membership Fee will be assessed to your Linked Account on your first
Repayment Date. You will then be assessed a Membership Fee on the same date
approximately every thirty (30) days thereafter. For example, if you connect a Linked Account on January 1st and we estimate that your Pay Dates are the 15th and 30th of each month, your first Membership Fee would be assessed on January 15th. We would then assess the fee each month that follows on the 15th. FrontPay will do its best to collect the Membership Fee when you have the funds available to pay the Membership Fee. FrontPay will attempt to avoid charging you for FrontPay if we detect that your Payment Method does not have sufficient funds to cover the charge. If our attempt to charge you for the Membership Fee is declined, FrontPay reserves the right to try again for up to 10 business days.
The Membership Fee may be discounted from time to time by our customer service team, or
through partnerships with affiliates.
If you receive a discounted price on signup, we will notify you at least 30 days before we make any changes to the discounted pricing.FrontPay will attempt to avoid charging you the Membership Fee for the Advance Services if we detect that your Payment Method does not contain sufficient funds to cover the Membership Fee during that pay period. Additionally, we will not charge you for the Advance Services if we are unable to obtain a current view of your Linked Account balance. If we do not charge you because your Payment Method does not contain sufficient funds, or if our attempt to charge you is declined, FrontPay reserves the right to terminate your access to the Advance Services. FrontPay also reserves the right to collect unpaid fees from prior months along with the fee due for the current month.
See section 5.6 to use the Advance Service without paying a membership fee.
5.3 Advance Charges.
We reserve the right to charge your Bank Account or debit card for the amount of a Advance,
including fees, any time after the later of: (1) a date on which we see evidence of income (such
as a paycheck) deposited into your Bank Account or (2) the date selected by you through the
Services. However, FrontPay warrants that it has no legal or contractual claim against you
based on our inability to charge you or repay Advance funds, but FrontPay may suspend your
access to the Services until we are able to charge your Bank Account or debit card for a
Advance in full. With respect to a failure to receive the amount for a Advance in full, FrontPay
warrants it will not engage in any debt collection activities, place any amount we are unable to
charge with or sell it to a third party, or report you to a consumer reporting agency. FrontPay
does not waive any rights regarding fraudulent activity and will pursue instances of fraud.
5.4 Overdraft and other Fees Assessed by Your Bank.
FrontPay is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges,
or any other bank fees you are charged because you fail to maintain a sufficient balance in your
Bank Account, including any overdraft resulting from a debit initiated by FrontPay.
5.5 Pausing/Canceling Your Membership
Pausing your Membership allows you to temporarily disable your recurring payment. You will not
be charged the Membership Fee. Once paused, your Membership will remain paused until you
instruct us to unpause your Membership. You may pause and unpause your Membership at any
time through email communication to us at Info@JoinFrontPay.Com or in your portal please click "Cancel Membership". While your Membership is
paused, you will continue to have the ability to request advances through the Advance Service.
5.6 Obtaining an Advance without Paying the Membership Fee
Users that are eligible for Advances may access an Advance without paying the Membership
Fee. To do so, email Info@JoinFrontPay.com and state that you would like an Advance without
subscribing to a FrontPay membership. You may check whether you are eligible for Advances
through the Services.
6. FEE REFUNDS
Membership Fees and tips are non-refundable.
7. CREDIT AND DEBIT AUTHORIZATION
You authorize FrontPay to credit Advances to your Bank Account. We will separately obtain a
“Payment Authorization” from you to debit your Bank Account or charge your debit card, as
applicable. The terms of the Payment Authorization constitute a part of these Terms and are incorporated by reference. If you enroll in the Membership (FrontPay Membership), you
authorize FrontPay to electronically debit your Payment Method for the $14.99 Membership Fee
once each month. As applicable, you also authorize FrontPay to electronically debit and
credit your Payment Method to correct erroneous debits and credits. You have the right to receive
notice of any debit for the Membership Fee that would vary in amount from a previous
Membership Fee, but you agree that we only need to notify you in advance if a particular debit
from your Payment Method would be more than $14.99. (Our policy is that no single debit will exceed $14.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.) You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse(“ACH”) and Remotely
Created Checks(“RCC’s/Demand Drafts”) transactions as provided herein and will remain in full
force and effect until you notify FrontPay that you wish to revoke this authorization by emailing
Info@JoinFrontPay.com.You must notify FrontPay at least three (3) business days before the
scheduled debit date in order to cancel this authorization. When you call or email, please
include the name and telephone number associated with your Mobile App user account. Failure
to provide correct and complete information may make it impossible for FrontPay to stop
withdrawal of the preauthorized transaction.You agree to indemnify and hold FrontPay harmless
from and against any loss incurred as a result of its withdrawal of a preauthorized debit
transaction from your Payment Method if any of the information relied upon in your request to
stop payment is incorrect or incomplete. If you have followed the instructions in this section to
notify FrontPay of your desire to revoke your authorization at least three (3) business days
before the scheduled debit date, FrontPay will be liable for your losses or damages directly
caused by our failure to stop any preauthorized transaction. If we do not receive notice at least
three (3) business days before the scheduled debit date, we may attempt, in our sole discretion,
to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to FrontPay that you have the right to authorize us to charge and
credit your Payment Method for payments due to us under this Agreement. If you have a joint
Linked Account, you represent and warrant that you have the authority to (a) bind the absent
account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold FrontPay harmless from any claims by any other owner of the Linked Account. You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
See Section 22 below for more information about your rights associated with electronic funds
transfers.
7.1 Credit and Debit Indemnities, Warranties and Representations
YOU AGREE TO INDEMNIFY AND HOLD FrontPay HARMLESS FROM AND AGAINST ANY
LOSS INCURRED AS A RESULT OF A DEBIT OR CHARGE (COLLECTIVELY IN THIS
SECTION“TRANSACTION”) TO YOUR BANK ACCOUNT OR DEBIT CARD IF ANY OF THE
INFORMATION RELIED UPON IN YOUR REQUEST TO STOP A PAYMENT IS INCORRECT
OR INCOMPLETE. IFYOU HAVE FOLLOWED THE INSTRUCTIONS IN YOUR PAYMENT
AUTHORIZATION TO NOTIFY FrontPay OF YOUR DESIRE TO REVOKE YOUR
AUTHORIZATION AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED
TRANSACTION DATE. IF WE DO NOT RECEIVE NOTICE AT LEAST THREE (3) BUSINESS
DAYS BEFORE THE SCHEDULED TRANSACTION DATE, WE MAY ATTEMPT, IN OUR SOLE
DISCRETION, TO CANCEL THE TRANSACTION. HOWEVER, WE ASSUME NO
RESPONSIBILITY FOR OUR FAILURE TO DO SO.
YOU WARRANT AND REPRESENT TO FrontPay THAT YOU HAVE THE RIGHT TO
AUTHORIZE US TO DEBIT, CHARGE, OR CREDIT (AS APPLICABLE) YOUR BANK
ACCOUNT OR DEBIT CARD FOR PAYMENTS DUE TO US UNDER THIS AGREEMENT. IF
YOU HAVE A JOINT BANK ACCOUNT, YOU REPRESENT AND WARRANT, UNLESS
PROHIBITED BY LAW, THAT YOU HAVE THE AUTHORITY TO(A) BIND THE ABSENT
ACCOUNTHOLDER; AND (B) AGREE TO THESE TERMS INDEPENDENTLY.TO THE
EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD FrontPay
HARMLESS FROM ANY CLAIMS BY ANY OTHER OWNER OF THE BANK ACCOUNT OR
DEBIT CARD.YOU REPRESENT THAT THE TRANSACTIONS YOU REQUEST COMPLY WITH
APPLICABLE LAW.
8. CONSENT TO CONTACT YOU
You consent to our use of prerecorded and artificial voice messages, SMS and text messages,
email, and automated dialing systems to contact you with service-related information, or
questions about your use of the Site, Services and/or your FrontPay Account. You further agree
that we or third parties acting on our behalf (such as our agents, representatives, affiliates, etc.)
may contact you at any telephone numbers you have provided to us even if they are for a
cellular device and our contact results in charges to you. You certify, warrant and represent that
any telephone number you have provided to us is your current contact number and that you are
permitted to receive calls and text messages at that number. You agree to promptly alert us
whenever you stop using a telephone number. FrontPay and our agents, representatives,
affiliates and anyone calling on our behalf may use such means of communication described in
this section even if you will incur costs to receive such phone messages, text messages, e-mails
or other means.
Standard message and data rates may apply to all SMS messages (including text messages).
We may modify or terminate our SMS messaging services from time-to-time, for any reason,
and without notice.
9. LIMITATIONS ON USE
9.1 Use of the Site and Services.
You agree to use the Site and Services only for lawful purposes. You will not use the Site or
Services to violate any applicable law, regulation, rule or ordinance of any nation, state, or
locality or of any international law or treaty. You will not use the Site or Services in a manner that
could give rise to any civil or criminal liability or that is unauthorized. Unauthorized uses include,
but are not limited, to unauthorized entry into FrontPay’s systems, misuse of passwords, or
misuse of any information posted on the Site or through the Services. FrontPay makes no
claims concerning whether use of the Site orServices is appropriate outside of the United
States. If you access the Site or the Services from outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Site
or the Services or software making up the Site and Services,2) navigate or search the Site or
Services with any tool, software, agent, engine or other means (including bots, avatars,
intelligent agents, or spiders), 3) use a means other than FrontPay’s provided interface(s) to
access the Site or the Services, 4) use the Site or the Services in a way that could impair,
overburden, damage, or disable any portion of the Site or Services, or5) mirror any material
contained on the Site or the Services.
9.2 Failure to Adhere to Limitations on Use.
FrontPay reserves the right to take various actions against you if we believe you have engaged
in activities restricted by these Terms or by laws or regulations.FrontPay also reserves the right
to take action to protect FrontPay, other users, and other third parties from any liability, fees,
fines, or penalties. If you fail to comply with this section, we may take actions including, but not
limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting orrevoking your access to the Site or the Services, 3)suspending or terminating your ability to
continue to use the Site or the Services, 4) taking legal action against you (note, as described in
Section 6.3(Advance Charges), FrontPay will not take action against you if we are unable to
charge you for a Advance), 5) holding you liable for the amount of FrontPay’s damages caused
by your violation of these Terms.
10. ACCOUNT REVOCATION & TERMINATION
FrontPay may suspend, cancel, limit, or revoke your access to and use of the Site or the
Services and/or terminate these Terms and the agreement between you and us or your
FrontPay Account at any time without notice, with or without cause, in our absolute discretion, to
the extent permitted by applicable laws. The following sections of these Terms shall survive
termination: Indemnification,Disclaimer of Warranties, Limitation of Liability &
UnforeseenCircumstances, Waiver, Dispute Resolution by Binding Arbitration, and
GeneralProvisions (Entire Agreement; Assignment; Other Rights), and any other section that by
its terms survives termination.
FrontPay further reserves the right to modify or discontinue, either temporarily or permanently,
any portions or all of the Site or Services at any time with or without notice, as permitted by
applicable laws.
11. INTELLECTUAL PROPERTY RIGHTS
The Site and the Services are owned and operated by FrontPay. All content, visual interfaces,
information, graphics, design, compilation, computer code, products, software, services, text,
data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos,
designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music,
video, animation, organization, assembly, arrangement, interfaces, databases, technology, and
all intellectual property of any kind whatsoever and the selection and arrangement thereof
(collectively, the “FrontPay Materials”) are owned exclusively by FrontPay or the licensors or
suppliers of FrontPay and are protected by U.S. copyright, trade dress, patent, trademark laws,
international conventions, other relevant intellectual property and proprietary rights, and
applicable laws. Nothing on this Site or the Services should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of the FrontPay Materials
displayed on the Site or the Services, without our prior written permission in each instance. You
may not use, copy, display, distribute, modify or reproduce any of the FrontPay Materials found
on the Site or the Services unless in accordance with written authorization by us. FrontPay
prohibits use of any of the FrontPay Materials as part of a link to or from theSite or the Services
unless establishment of such a link is approved in writing by us in advance. Any questions
concerning any FrontPay Materials, including whether any mark or logo is a FrontPay Material,
should be referred to FrontPay.All rights related to the FrontPay Materials are hereby reserved.
You agree that the FrontPay Materials may not be copied, reproduced, distributed, republished,
displayed, posted or transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the express prior written
consent of FrontPay. You acknowledge that the FrontPay Materials are and shall remain the
property of FrontPay. You may not modify, participate in the sale or transfer of, or create
derivative works based on any FrontPay Materials, in whole or in part.
12. DISCLAIMER OF WARRANTIES THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.EXCEPT AS EXPRESSLY STATED IN THESE TERMS, FrontPay AND ALL OF ITS SUCCESSORS,PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS,INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “FrontPay PARTIES”) DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) AS TO THE CONTENT OR OPERATION OF THE SITEOR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542,WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE FrontPay PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) REGARDING THE ACCURACY,ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE OR THE SERVICES. THE FrontPay PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE SITEOR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. NO LEGAL TAX OR FINANCIAL ADVICE
FrontPay DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL
ADVICE THROUGH THE SITE OR THE SERVICES. FrontPay IS NOT A LAWYER, TAX
ADVISOR, BROKER,OR FINANCIAL PLANNER. YOU SHOULD CONSIDER CONSULTING
AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL
CIRCUMSTANCES BEFORE YOU IMPLEMENT ANY FINANCIAL STRATEGY OR MAKE ANY
OTHER FINANCIAL DECISIONS.
14. LIMITATION OF LIABILITY & UNFORESEEN CIRCUMSTANCES
THE FrontPay PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR
RELATED TO THESE TERMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE AND
INCLUDING LIABILITY FOR DAMAGES, LOSSES OR CAUSES OF ACTION), IS LIMITED TO
USD $1,000(ONE THOUSAND UNITED STATES DOLLARS).
YOU ACKNOWLEDGE THAT THE FrontPay PARTIES WILL NOT BE RESPONSIBLE, UNDER
ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL,SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE
DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE,
OR ANY OTHER CLAIMS,ARISING UNDER OR RELATING TO THESE TERMS AND YOUR
USE OF THE SITE OR THE SERVICES, THE FrontPay MATERIALS, OR ANY CONTENT OR
OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF
FrontPay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FrontPay PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF
INFORMATION,DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE OR THE
SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR
LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS,
ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SITE OR
THE SERVICES.
YOU ACKNOWLEDGE THAT OUR SERVICES MIGHT BECOME UNAVAILABLE FROM TIME
TO TIME DUE TO CIRCUMSTANCES NOT IN OUR CONTROL (SUCH AS FIRES, FLOODS,
NATURAL DISASTERS, SYSTEM FAILURES OR OTHER UNFORESEEN EVENTS). WHEN
THIS OCCURS, YOU MAY NOT BE ABLE TO ACCESS YOUR FrontPay ACCOUNT OR THE
SITE OR THE SERVICES TO REQUEST A Advance OR FOR ANY OTHER PURPOSE. WE
ARE NOT RESPONSIBLE OR LIABLE IF THIS HAPPENS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE SITE OR THE SERVICES ORWITH THESE TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
15. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS THE FrontPay PARTIES FROM AND AGAINST ANY AND ALL
ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, EXPENSES, LIABILITIES, OR
LOSSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES,
EXPENSES, AND OTHER COSTS ASSOCIATED WITH PREPARING FOR OR DEFENDING
AGAINST ANY LITIGATION OR CLAIM, ACTION, SUIT,PROCEEDING, OR DEMAND)
(COLLECTIVELY “MATTERS”) ARISING OUT OF OR RELATING TO(I) YOUR ACCESS TO,USE OF OR ALLEGED USE OF THE SITE OR THE SERVICES; (II) YOUR VIOLATION OF
THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS
REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR
VIOLATION OFANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY
INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR
PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD
PARTY. WE RESERVE THE RIGHT, A TOUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE
DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION
BY YOU, AND IN SUCH EVENT, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF
SUCH MATTER. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE
DEFENSE OF ANY SUCH MATTER. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT
THE PRIOR WRITTEN CONSENT OF FrontPay.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTAND THAT IT
LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU HAVE
THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS PROVIDED BELOW. THIS
ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS (A) YOU ARE ELIGIBLE TO
RECEIVE BENEFITS UNDER THE MILITARY LENDING ACT BY BEING A COVERED
MEMBER OF THE MILITARY PERSONNEL OR YOU ARE A SPOUSE OR LEGAL
DEPENDENT OF A COVERED MEMBER OF MILITARY PERSONNEL AT THE TIME YOU
OPEN YOUR ACCOUNT OR (B) YOU PROMPTLY REJECT THE ARBITRATION AGREEMENT
IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN SECTION 16.3.
16.1 Election to Arbitrate.
You and FrontPay agree that the sole and exclusive forum and remedy for resolution of a Claim
will be final and binding arbitration pursuant to this Section 16 (the “Arbitration Agreement”),
unless you opt out as provided in Section 16.3 below. The scope of this Arbitration Agreement is
to be given the broadest possible interpretation that is enforceable.
As used in this Arbitration Agreement, “Claim” means any past, present, or future claim, dispute,
or controversy involving you (or persons claiming through or connected with you) and us,
including disputes relating to or arising out of these Terms, and/or the activities or relationships
that involve, lead to, or result from these Terms, including your relationship with us. “Claim” has
the broadest reasonable meaning and includes matters arising as initial claims, counter‐claims,
cross-claims, third-party claims, or otherwise.It includes any claim, defense, or dispute
concerning the formation, existence, validity, enforceability, revocation, or scope of this
Arbitration Agreement, any part thereof, or the entirety of the Terms. Claims are subject to
arbitration regardless of whether the remedy sought is legal or equitable, including claims for
compensatory, monetary and/or punitive damages, restitution and/or disgorgement, injunctive
relief, and regardless of whether they arise from contract; tort (intentional or otherwise); a
constitution, statute, regulation, ordinance, common law, or principles of equity; a data breach;
or otherwise.Nonetheless, You may continue to assert Claims in small claims court if your Claims
qualify and so long as the matter remains in such court and advances only on an individual
(non-class, non-representative) basis.
16.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers.This Arbitration Agreement governs transactions involving interstate commerce.Accordingly this
Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA“) and not by any
state law concerning arbitration. The arbitrator shall follow applicable substantive law to the
extent consistent with the FAA and applicable statutes of limitation and privilege rules that would
apply in a court proceeding, and shall be authorized to award all remedies available in an
individual lawsuit under applicable substantive law, including, without limitation, compensatory,
statutory, and punitive damages(which shall be governed by the constitutional standards
applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and
attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief
explanation of the basis of his or her award.The arbitrator will follow rules of procedure and
evidence consistent with the FAA, this Arbitration Agreement, and the Administrator’s rules. The
arbitrator shall take steps to reasonably protect confidential information.
16.3 Opt-Out of Arbitration Agreement.
You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out
notice to Info@joinFrontPay.com, within 60 days of the date of your electronic acceptance of the
Terms. The opt-out notice must clearly state that you are rejecting arbitration; provide your
name, address, and Login ID; and be signed by you. We must receive your opt-out notice at the
specified email address within the specified time. No other methods can be used to opt out of
this Arbitration Agreement. If the opt-out notice is sent on your behalf by a third party, such third
party must include evidence of his or her authority to submit the opt-out notice on your behalf.
16.4 Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to
do so to your satisfaction, 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 may submit Claims
by sending an email to info@joinFrontPay.com at any time.
16.5 Arbitration Procedures.
The party initiating arbitration shall do so with an arbitration company(“Administrator”), which
shall be either the American Arbitration Association(the “AAA”) or Judicial Alternatives and
Mediation Services (“JAMS”). To start an arbitration, the complaining party must commence the
arbitration in accordance with the Administrator’s rules. If the Administrator picked by the
complaining party is unable or unwilling to be the Administrator, then the arbitration company will
be selected from the remaining choices listed herein or by a court. If one party starts or
threatens a lawsuit, the other party can demand arbitration. To require arbitration of a Claim, the
defending party must give the complaining party a written demand for arbitration. This demand
may be given after a lawsuit has been filed and may be given in papers or motions in the
lawsuit. It can be made if a party starts a lawsuit on an individual basis and then tries to pursue
a class action or public injunctive relief. Once an arbitration demand is made, no lawsuit can be
brought and any existing lawsuit must stop.
The Administrator will appoint the arbitrator in accordance with the Administrator’s rules.
However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or
a lawyer with at least 10 years of experience. 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
Agreement or applicable law. However, the Administrator may, in his or her discretion, conduct
special hearings at any other place for the purpose of receiving evidence that would otherwisebe unavailable at the situs of the arbitration, or for the convenience of the parties or witnesses,
and that the place for the special hearing selected by the arbitrator shall also be deemed a
place where the arbitrator “[is] sitting” for purposes of Section 7 of the FAA. The Administrator or
any of the parties to the arbitration or any party may attend any hearing telephonically or
electronically. The telephonic or electronic, adjudicative (as opposed to physical) presence of
the arbitrator at a hearing satisfies the “[is] sitting”requirement of Section 7.
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 website 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 Agreement,
this Arbitration Agreement 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 to which we
agree.
16.6 Arbitration Fees.
We shall pay all the Administrator’s filing costs and administrative fees, including hearing fees.
However, each party shall bear the expense of its own attorneys’ fees, experts, and witnesses
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.
16.7 Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal an award for
reconsideration by a three-arbitrator panel selected according to the rules of the Administrator.
In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice
of the appeal. The panel will reconsider de novo all aspects of the initial award that are
appealed. Costs and conduct of any appeal shall be governed by this Arbitration Agreement and
the Administrator’s rules, in the same way as the initial arbitration proceeding. Any final award
by the individual arbitrator that is not appealed within 30 days, 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.
16.8 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 arbitratorshall have the power or authority to waive, modify, or fail to enforce this Section 17.8, and any
attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and
unenforceable.
You further agree that in arbitration, injunctive relief shall be limited to such relief as is
necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral
award on a class basis shall be void and shall not be subject to confirmation and no judgment
shall enter thereon.An injunction granted in arbitration may provide only such relief as is
necessary to remedy injury to you or to protect you alone from future injury; no judgment or
order shall be entered by a court to enforce an award of the Administrator for broader injunctive
relief.
Nothing in this Arbitration Agreement precludes you from seeking public injunctive relief in court.
If you seek public injunctive relief, you may bring that claim in court, but you further agree that
we may treat such a claim as a Claim within the meaning of this Arbitration Agreement, and that
we would then have the right to demand arbitration, and if you refuse our demand, to move to
enforce arbitration on an individual basis in accordance with this Arbitration Agreement pursuant
to the FAA. Notwithstanding any other provisions of this Arbitration Agreement, the Court and not
the arbitrator shall decide whether the FAA requires that the public injunctive relief claim be
referred to arbitration on an individual basis. If we bring and lose that motion, your claim for
public injunctive relief will be heard in court but you agree to stay your claim in court for public
injunctive relief pending (a) exhaustion of our right to appeal from the ruling against us, and (b)
completion of arbitration of all other Claims. If we win our motion, your claims for public
injunctive relief will be decided in accordance with the terms of this Arbitration Agreement,
meaning that the arbitrator can award only such injunctive relief asis necessary to remedy your
own alleged injury or to prevent future injury to you alone.
16.9 Survival and Severability of Arbitration Agreement.
This Arbitration Agreement shall survive the termination of these Terms, your fulfillment or
default of your obligations under the Terms, and/or your or our bankruptcy or insolvency (to the
extent permitted by applicable law). If any portion of this Arbitration Agreement other than the
class action waiver in Section 16.8 is deemed invalid or unenforceable, the remaining portions
of this Arbitration Agreement shall nevertheless remain valid and in force. As such, if there is a
final judicial determination that applicable law precludes enforcement of this Arbitration
Agreement’s limitations as to a particular Claim for relief or particular term, then that Claim (and
only that Claim) or that term (and only that term) must be severed from the Arbitration
Agreement and may be brought in court. However, if an arbitration is brought on a class,
representative, or collective basis, and the limitations on such proceedings in Section 16.8 are
finally adjudicated to be unenforceable, then every other sentence (except this one) in the
Arbitration Agreement shall be null and void with respect to that Claim and no arbitration shall
be had. For avoidance of doubt, to the extent any court or arbitrator concludes that the
provisions of this Arbitration Agreement regarding public injunctive relief are invalid or
unenforceable, the remainder of this Arbitration Agreement shall nevertheless remain valid and
in force. Rather, those provisions relating to public injunctive relief must be severed and the
claim for public injunctive relief must be brought in court.
16.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Agreement is
found not to apply to you or your Claim, you and FrontPay agree that any judicial proceeding(other than small claims actions)will be brought in the federal or state courts of Cook County,
Illinois. Both you and FrontPay consent to venue and personal jurisdiction there.
16.11 WAIVER OF JURY TRIAL; WAIVER OF RIGHT TO LITIGATE.
WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHTS TO A JURY TRIAL AND
TO LITIGATE OUR CLAIMS BEFORE A COURT.
17. CHANGES TO THESE TERMS
FrontPay reserves the right to change these Terms (including by adding to or deleting from
them). FrontPay will notify you of any changes to the Terms by posting revised Terms on the
Site. We will label Terms posted to the Site with the most recent date of revision. You should
check the Site periodically for changes. All changes are effective upon posting. If you do not
agree to any changes, you must request that we suspend or terminate your FrontPay Account
and stop using your FrontPay Account after we provide you with notice of those changes. By
continuing to use the Site or the Services, you agree to the change of the Terms. FrontPay may
terminate, suspend, change, or restrict access to all or any part of this Site or the Services
without notice or liability.
18. GOVERNING LAW AND VENUE
Except for Section 16, which is governed by the FAA, these Terms are governed by the laws of
the State of Utah, without regard to conflict-of-law rules.
19. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by either
an arbitrator or a court of competent jurisdiction for any reason, the remaining provisions shall
remain in full force and effect and be enforced to the fullest extent possible.
20. WAIVER
FrontPay may delay enforcing any of its legal rights or remedies under these Terms, or other
legal rights or remedies FrontPay has under applicable laws, without waiving or those rights or
remedies or any other rights in any way whatsoever.
21. GENERAL PROVISIONS (ENTIRE AGREEMENT; ASSIGNMENT; OTHER RIGHTS)
These Terms (including all policies or documents referenced herein) are the entire
understanding and agreement between you and FrontPay regarding your use of the Site or
Services. These Terms supersede any previous or other terms or other agreement between you
and FrontPay. These Terms cannot be modified by any existing or future oral agreements.
These Terms will be binding on, inure to the benefit of, and be enforceable against both you and
us and our respective successors and assigns. Neither the course of conduct between you and
us nor trade practice shall act to modify any term. You may not assign or transfer these Terms or
any of your rights under these Terms, in whole or in part, by operation of law or otherwise,
without our prior written consent. We may assign these Terms or our rights or obligations under
these Terms at any time without notice.We hereby reserve all rights not expressly granted by these Terms. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent of such
section.
22. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic
payments, deposits, transfers of funds and other electronic transfers. There may be limitations
on your Linked Account or debit card that restrict your ability to make electronic fund transfers.
Any such limits are disclosed in the appropriate agreements governing your Linked Account or
debit card.
The disclosures in this Section 22 apply to all Services described in this Agreement.
22.1 Definitions
Electronic Fund Transfer:
Any transfer of funds that is initiated through an electronic device or computer to instruct us to
debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic
transactions transfers initiated via telephone or the Mobile App. Preauthorized Electronic
Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at
substantially regular intervals; for example, withdrawal of funds out of your Linked Account to
pay the Membership Fee. Unauthorized Electronic Fund Transfer is an Electronic Fund
Transfer initiated by a person other than you who does not have actual, implied, or apparent
authority to initiate the transfer, and from which you do not benefit. If you give access to your
Mobile App user account to another person, all payments by that person are authorized
unless and until you notify us that payments by that person are no longer authorized.
22.2 Your Liability
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether
directly or indirectly.
Unauthorized Transfers: Tell us at once if you believe your Mobile App Login ID or password has
been lost or stolen or if your Mobile App user account has been, or may have been, subject to
Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to
a minimum. You could lose all the money in your Linked Account(s).
If you tell us within four (4) business days after learning of the loss or theft of your Mobile App
Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers
associated with your Mobile App user account, you can lose no more than $50. However, if you
DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use
associated with your Mobile App user account, and we can establish that we could have
prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could
lose as much as $500.
If your periodic account statement issued by your bank or financial institution shows
Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after
the statement was delivered to you, you may not get back any money you lose after the ninety
(90) day period if we can prove that we could have prevented the unauthorized transfer(s) if
you had told us in time. If an extenuating circumstance (such as extended travel or
hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Mobile
App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s),
the time periods specified in this Section 26.2 may be extended for a reasonable period.
22.3 Business Days
For purposes of this Section 22, FrontPay business days are Monday through Friday. Holidays
are not included.
22.4 Types of Transfers; Limitations
You may use the Services to request and receive Advances to your Linked Account or debit
card, to repay such Advances in the amounts and on the days you request, to pay voluntary tips
to FrontPay, and to pay the monthly Membership Fee. Any limitations regarding Advance
amount, tip amount or Membership Fee amount will be displayed to you through the Services.
Through the Mobile App you may also authorize recurring preauthorized Electronic Fund
Transfers from your Linked Account or debit card to pay for the Membership Fee. See Section 5
for more information about stopping payment of preauthorized Electronic Fund Transfers.
22.5 Fees
FrontPay charges no fees to access an Advance.However, you may choose to pay an Express
Fee to expedite an Advance as set forth in Section 6.2 There are also no fees for using or
accessing the Mobile Banking Services.
22.6 Documentation
Your Advance and payment history can be viewed by submitting a request by email to
Info@JoinFrontPay.Com. You are responsible for reviewing payment history, if applicable, and
maintaining copies for your records.
22.7 Our Liability
If FrontPay does not debit or credit your Linked Account or debit card in accordance with these
Terms, we will be liable for your losses or damages. However, there are some exceptions. We
will not be liable, for instance: If, through no fault of ours, you do not have enough money in
your Linked Account or debit card to make a payment. If the Linked Account or debit card you
specify as the payment source is closed or does not contain sufficient funds to complete the
payment or the charge is rejected or returned by your bank or financial institution. If the Services
were not working properly and you knew about the problems when you started your payment. If
we cannot complete a payment due to fraud or attacks on our systems or the Services. If
circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable
precautions we have taken. There may be other exceptions stated in our Agreement with you.
22.8 Confidentiality Related to Electronic Fund Transfers
We will disclose information to third parties about the Electronic Fund Transfers you make
through the Services: Where it is necessary for completing the Electronic Fund Transfers; or, In
order to comply with government agency or court orders; or, If you give us written permission;
or, As otherwise provided in our Privacy Policy.
22.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, telephone us at
801-810-6121 or email us at Info@JoinFrontPay.Com If you think your Linked Account
statement, receipt, or payment history within the Mobile App are wrong, or if you need more
information about a transfer listed on the statement, receipt, or within the Mobile App, contact us
as soon as you can. We must hear from you no later than 90 days after the statement or receipt
was delivered to you. In your notification to us, you must:
Tell us your name and phone number associated with your Website user account.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why
you believe it is an error or why you need more information.
Tell us 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 within
10 business days.
We will determine whether an error occurred within 10 business days after we hear from you
and will correct any error promptly. If we need more time, however, we may take up to 45 days
to investigate your complaint or question. If we decide to do this, we will credit your Linked
Account within 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 10 business days, we may
not credit your account.For errors involving new Mobile App user accounts, we may take up to
90 days to investigate your complaint or question.For new Mobile App user accounts, we may
take up to 20 business days to credit your Linked Account for the amount you think is in
error.We will tell you the results within three business days after completing our investigation. If
we decide that there was no error, we will send you a written explanation. You may ask for
copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE FrontPay SERVICES
MUST BE DIRECTED TO FrontPay, AND NOT TO THE BANK OR OTHER FINANCIAL
INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the
Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the
Services. The transactions will appear only on the statement issued by your bank or other
financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE
SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE
FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about
one of these transactions, call or write us at the telephone number and address indicated below:
801-810-6121
1042 Fort Union Blvd. Unit 1096,
Midvale UT 84047
Email: Info@JoinFrontPay.com
IF YOUR MOBILE APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT
ONCE by calling or writing to us at the telephone number or address listed above.
23. Your agreement with Mobile Messaging & SMS Notifications Our mobile message service (the "Service") is operated by FrontPay Holdings, LLC. (“ FrontPay ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) Promotions, specials, and other marketing offers (e.g., reminders) from FrontPay via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 801-810-6121 Click the unsubscribe link in any text message to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other FrontPay mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email Info@JoinFrontPay.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
24. CONTACTING US
If you have questions regarding the Terms or the practices of FrontPay, please contact us by e- mail at Info@JoinFrontPay.com or by regular mail at
FrontPay, 1042 Fort Union Blvd. Unit 1096, Midvale UT 84047