Terms of Service — Across America Financial
Effective Date: [Effective Date] Last Updated: [Last Updated Date] Website: https://acrossamericafinancial.com Legal Entity: [Legal Entity Name] Registered Address: [Registered Street Address, City, Florida ZIP Code]
IMPORTANT PRE-PUBLICATION NOTE: Across America Financial is currently completing formation of its Florida legal entity. The legal entity name, registered address, effective date, website URL, product-partner information, arbitration administrator, and other bracketed items in these Terms are placeholders and must be completed before publication. These Terms must be reviewed and approved by a licensed Florida attorney before use. The regulated-product sections and product-specific agreements must also be reviewed by consumer-finance counsel before any regulated product is offered. These Terms have not been attorney-reviewed.
These Terms of Service (“Terms”) are a legal agreement between you and [Legal Entity Name], doing business as Across America Financial (“Across America Financial,” “we,” “us,” or “our”). They govern your access to and use of our website, applications, software, dashboards, communications, and related services (collectively, the “Service”).
By creating an account, accessing the Service, clicking to accept these Terms, or using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not create an account or use the Service.
1. Acceptance and Eligibility
1.1 Agreement to these Terms
You accept these Terms when you:
- create an account;
- click an “Accept,” “Agree,” or similar button;
- access or use the Service after being given notice of these Terms; or
- use any feature of the Service that requires acceptance of these Terms.
If you do not have authority to accept these Terms for yourself or another person, you may not use the Service.
1.2 Eligibility
You may use the Service only if:
- you are at least 18 years old;
- you are a resident of the United States;
- you can legally enter into a binding contract; and
- your use of the Service is permitted under the laws applicable to you.
The Service is intended for consumers using it for personal, family, or household purposes. We may restrict access to the Service in particular states, territories, or locations.
1.3 Household and Family plans
If you purchase or administer a Family/Elevated plan for another household member, you represent that:
- you are authorized to accept these Terms on that person’s behalf;
- you have authority to invite or authorize that person to use the Family/Elevated plan;
- each household member meets the eligibility requirements; and
- you will ensure that each household member receives and agrees to these Terms and any applicable product-specific terms.
Each person using a Family/Elevated plan must use their own account or authorized user profile. You may not share login credentials.
2. Who We Are and What the Service Is
2.1 Money-management and information platform
Across America Financial is an online cash-flow management and financial-information platform intended to help consumers better understand and organize everyday financial information.
Depending on your plan and eligibility, the Service may include:
- spending and income dashboards;
- bill reminders;
- savings goals;
- account and card information aggregation;
- financial organization tools;
- account notifications;
- educational content;
- customer support; and
- access to separately offered financial products.
The features available to you may depend on your location, plan, account status, eligibility, and the availability of third-party providers.
2.2 Important limitations
ACROSS AMERICA FINANCIAL IS NOT A BANK, CREDIT UNION, LENDER, INVESTMENT ADVISER, BROKER-DEALER, FINANCIAL PLANNER, TAX ADVISER, OR LAW FIRM.
ACROSS AMERICA FINANCIAL DOES NOT PROVIDE FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE. Information displayed through the Service is for general informational and organizational purposes only. It is not a recommendation, solicitation, offer, or individualized advice to buy, sell, borrow, invest, save, insure, or take any other financial action.
You are responsible for evaluating your own financial circumstances and obtaining advice from an appropriately licensed professional before making financial, tax, legal, investment, borrowing, or other decisions.
2.3 No deposit-taking or account custody
Except as expressly stated in a separate product agreement with an applicable provider:
- we do not accept deposits;
- we do not hold your funds;
- we do not provide checking or savings accounts;
- we do not issue payment cards;
- we do not act as your bank; and
- funds displayed through the Service are not deposits with Across America Financial and are not insured by the Federal Deposit Insurance Corporation or any other government agency through us.
2.4 Read-only account aggregation
When you connect a bank, card, payroll, or other financial account to the Service, the account-linking feature is intended to provide read-only informational aggregation.
Through the account-linking dashboard, we do not move money from your bank or card accounts, initiate withdrawals, make payments, transfer funds, or change your account settings.
The data displayed may be obtained from third-party account-aggregation providers and may be delayed, incomplete, inaccurate, or unavailable. You should confirm important information directly with your bank, card issuer, payroll provider, or other account provider.
A regulated product or separately contracted third-party provider may have different payment or fund-transfer functionality. If so, that functionality will be governed by separate product terms, authorizations, and disclosures.
3. Accounts and Account Security
3.1 Account information
You agree to provide accurate, current, and complete information when creating and using your account. You must promptly update information that becomes inaccurate or incomplete.
We may rely on the information you provide to communicate with you, provide the Service, determine eligibility, process subscriptions, prevent fraud, and comply with legal obligations.
3.2 Account credentials
You are responsible for:
- keeping your username, password, authentication codes, and other credentials confidential;
- using a strong and unique password;
- enabling available security features;
- preventing unauthorized access to your device and account; and
- all activity occurring through your account, except to the extent caused by our failure to meet an obligation that cannot lawfully be excluded.
You may not share your credentials with another person. We will not ask you to disclose your password through an unsolicited message.
3.3 Unauthorized use
You must promptly notify us at [support@acrossamericafinancial.com] if you believe that:
- someone has accessed your account without authorization;
- your credentials have been lost, stolen, or disclosed;
- your account information is inaccurate because of unauthorized activity; or
- a security incident may have affected your account.
We may require you to verify your identity before taking action.
3.4 Suspension and security measures
We may suspend, restrict, or terminate your account or access to the Service if we reasonably believe that:
- your account has been compromised;
- your use violates these Terms or applicable law;
- your use creates a security, legal, regulatory, or financial risk;
- your account is being used for fraud or abuse;
- information you provided is inaccurate or cannot be verified; or
- suspension is necessary to protect you, other users, our systems, or a third party.
Where reasonably practicable, we will provide notice and an opportunity to address the issue. We may act without advance notice when required to protect users, comply with law, or prevent harm.
4. Plans, Subscriptions, Billing, and Cancellation
4.1 Available plans
The Service may offer the following plans:
- Free: $0, subject to the features and limitations shown at enrollment;
- Plus: $7.99 per month; and
- Family/Elevated: $14.99 per month.
The features included in each plan may be displayed on the enrollment page or within the Service. We may offer other plans, promotions, trials, or features under additional terms.
4.2 Clear pre-purchase disclosure
Before you purchase a paid plan, we will display the material terms of the purchase, including:
- the plan name;
- the amount to be charged;
- the billing frequency;
- when the first charge will occur;
- whether the plan renews automatically;
- how to cancel;
- any applicable taxes or additional charges; and
- the principal features and limitations of the plan.
You should review those terms before submitting payment information or clicking the purchase button.
4.3 Automatic renewal
Unless otherwise stated at enrollment, Plus and Family/Elevated plans renew automatically each month.
By enrolling in a paid plan, you authorize us or our third-party payment processor to charge your selected payment method for the recurring plan fee, plus applicable taxes, on each renewal date until you cancel.
Your plan will continue to renew even if you do not actively use the Service unless you cancel it. A reminder or receipt may be sent to the email address associated with your account, but the absence of a reminder does not eliminate your right to cancel.
4.4 Third-party payment processor
Payments may be processed by a third-party payment processor. You authorize the processor to store and charge your payment method in accordance with its terms and privacy policy.
We may receive information about your payment status, such as whether a payment succeeded or failed. We generally do not receive or store your complete payment-card number.
The payment processor may impose its own terms, security requirements, and procedures. A processor’s failure to process a payment does not eliminate amounts properly owed under these Terms.
4.5 Failed payments
If a payment is declined, reversed, disputed, or otherwise not completed, we may:
- retry the payment;
- ask you to provide another payment method;
- suspend paid features;
- downgrade your account to the Free plan;
- terminate your subscription; or
- pursue other lawful remedies.
You remain responsible for authorized charges incurred before cancellation or downgrade.
4.6 Cancellation
You may cancel a paid plan at any time.
We will provide a cancellation method that is at least as simple as the method used to sign up. Depending on the enrollment method, cancellation may be available through your account settings, a clearly identified online cancellation link, email, or another method identified at enrollment.
Cancellation stops future recurring charges. Unless applicable law requires otherwise, cancellation generally takes effect at the end of the current paid billing period, and you may continue using paid features until that period ends.
We will not require you to call us to cancel an online subscription if calling was not required to sign up.
4.7 Refunds
Unless required by law or expressly stated at the time of purchase:
- subscription fees are non-refundable;
- we do not provide credits or partial-month refunds for unused time;
- cancellation does not automatically refund a charge already processed; and
- any refund, credit, or adjustment is provided at our discretion.
This refund policy does not limit rights that cannot lawfully be waived, including rights arising from unauthorized charges, billing errors, or applicable consumer-protection laws.
4.8 Downgrades
If you downgrade from Plus or Family/Elevated to Free:
- future paid charges will stop after the cancellation or downgrade takes effect;
- paid features will remain available through the end of the applicable paid period unless otherwise stated;
- features available only under the paid plan may become unavailable;
- connected-account limits may apply;
- shared household access may be removed or restricted; and
- certain saved information may no longer be displayed through the Service.
We will not delete information solely because you downgrade unless stated in our Privacy Policy or required for security, legal, or operational reasons.
4.9 Price changes
We may change subscription prices or plan features. Before a price increase takes effect, we will provide advance notice as required by law and identify the new price and effective date.
If you do not agree to a price increase, you may cancel before the new price applies. If you continue using the paid plan after the effective date, the new price will apply to future renewal periods unless prohibited by law.
5. Regulated and Financial Products
5.1 Separate products and agreements
Across America Financial may offer or facilitate access to:
- Buy Now, Pay Later;
- Overdraft Protection;
- Credit Builder; and
- Earned Wage Access.
These products may be provided by Across America Financial, a bank, a lender, a payroll provider, a licensed financial-services provider, or another third-party partner.
Each product is subject to separate product terms, eligibility requirements, disclosures, consents, authorizations, and, where applicable, an agreement with a bank or licensed lending or financial-services partner.
If a product-specific agreement conflicts with these general Terms, the product-specific agreement controls for that product.
5.2 Product disclosures before enrollment
Before you enroll in or use a regulated product, the applicable provider will disclose the material terms, which may include:
- eligibility requirements;
- fees;
- interest or finance charges;
- APR, if applicable;
- payment amounts and due dates;
- repayment methods;
- consequences of late or missed payments;
- credit-reporting practices;
- applicable limits;
- authorization for electronic funds transfers;
- cancellation or withdrawal rights;
- dispute and error-resolution procedures; and
- state-specific terms.
You should review and retain all product-specific disclosures before accepting a product.
5.3 Availability and eligibility
Regulated products:
- may not be available in every state;
- may not be available to every customer;
- may require identity verification or other eligibility checks;
- may be subject to credit, income, employment, account, or payroll information;
- may be offered only through an approved partner; and
- may be modified, suspended, or withdrawn at any time as permitted by law.
Approval for one product does not guarantee approval for another product.
5.4 Product-specific legal requirements
The products may be subject to federal and state laws and regulations, including, where applicable:
- the Truth in Lending Act and Regulation Z;
- the Electronic Fund Transfer Act and Regulation E;
- the Fair Credit Reporting Act;
- the Equal Credit Opportunity Act;
- federal and state lending laws;
- federal and state money-transmission laws;
- federal and state overdraft requirements;
- earned-wage-access requirements;
- privacy and data-security laws; and
- other consumer-finance requirements.
Product terms and required disclosures, including applicable Truth in Lending/Regulation Z, Electronic Fund Transfer Act/Regulation E, Fair Credit Reporting Act, lending, payroll, and money-transmission disclosures, will be published and provided before launch and before any product is offered or made available to a consumer.
No regulated product will be offered through the Service until the required licensing, partner arrangements, disclosures, product terms, and compliance procedures are completed.
5.5 Product providers
A bank, lender, payroll provider, payment provider, or other third party may be the provider, creditor, lender, issuer, servicer, or administrator for a regulated product. The provider’s name and role will be disclosed in the applicable product terms and required disclosures.
That provider may independently determine eligibility, pricing, underwriting, repayment, servicing, reporting, disputes, and other product matters.
6. Electronic Records and Communications
6.1 Electronic delivery consent
By using the Service, you consent to receive electronically, where legally permitted:
- these Terms and amendments;
- privacy notices;
- account notices;
- subscription confirmations and receipts;
- billing and payment notices;
- product disclosures and agreements;
- security alerts;
- error or dispute communications;
- legal notices; and
- other communications relating to the Service.
We may provide electronic records through email, in-app messages, account notifications, text messages where separately authorized, or by posting them within the Service.
6.2 Required consumer consent
For records that legally require electronic consent, we will obtain your affirmative consent in the manner required by applicable law. Your consent may apply to the transaction or categories of records described at the time of consent.
You should download or print copies of important records for your files.
6.3 Hardware and software requirements
To access and retain electronic records, you will need:
- a device with internet access;
- a current web browser or supported mobile application;
- an active email address;
- software capable of displaying HTML and PDF files; and
- sufficient storage or printing capability to retain records.
We will notify you if a change in hardware or software requirements materially affects your ability to access or retain electronic records.
6.4 Withdrawal of electronic consent
You may withdraw consent to receive electronic records by contacting [support@acrossamericafinancial.com] or following the withdrawal instructions provided in the applicable communication.
Withdrawing consent may require us to close, suspend, or limit your account or prevent you from using features that depend on electronic delivery. Withdrawal will not invalidate electronic records previously provided.
Withdrawal of consent to marketing communications will not necessarily withdraw consent to receive service-related, security, billing, or legally required communications.
6.5 Paper copies
You may request a paper copy of an electronic record by contacting [support@acrossamericafinancial.com]. We will provide paper copies where required by law. Unless otherwise disclosed and permitted by law, we will not charge a fee for a requested paper copy.
7. Acceptable Use
You may use the Service only for lawful personal, family, or household purposes and in accordance with these Terms.
You may not:
- use the Service for an unlawful, fraudulent, deceptive, abusive, or unauthorized purpose;
- impersonate another person or misrepresent your identity, age, location, affiliation, or authority;
- create an account for another person without authorization;
- use the Service on behalf of another person without that person’s authority;
- provide false, misleading, incomplete, or outdated information;
- access or attempt to access another person’s account;
- share your account credentials;
- use the Service to violate the rights, privacy, or security of another person;
- scrape, crawl, harvest, copy, index, or systematically extract data from the Service without our written permission;
- use bots, scripts, malware, automated tools, or similar technology to access or interfere with the Service;
- reverse engineer, decompile, disassemble, decode, or attempt to discover the source code or underlying ideas of the Service, except to the extent that applicable law expressly permits this restriction to be waived;
- modify, adapt, translate, or create derivative works of the Service;
- interfere with the security, operation, availability, or performance of the Service;
- bypass access controls, rate limits, authentication measures, or technical restrictions;
- introduce viruses, malicious code, or harmful material;
- use the Service to evaluate or build a competing product;
- copy or misuse our trademarks, branding, content, or user interface;
- use the Service to transmit spam, unsolicited commercial messages, or harmful communications;
- upload content that is unlawful, defamatory, threatening, infringing, obscene, or invasive of another person’s privacy; or
- assist another person in doing any prohibited activity.
We may investigate suspected violations and take appropriate action, including suspension, termination, removal of content, or referral to law enforcement.
8. Bank, Card, Payroll, and Other Third-Party Accounts
8.1 Connecting accounts
You may choose to link bank, card, payroll, or other financial accounts to the Service through a third-party account-aggregation provider.
By linking an account, you authorize:
- the applicable aggregation provider to access and retrieve information from that account;
- the aggregation provider to provide that information to us;
- us to use the information to provide the Service; and
- us to display and process the information as described in our Privacy Policy and the applicable disclosures.
You may revoke access through the aggregation provider, through your account settings where available, or by contacting the applicable provider.
8.2 Third-party terms
Account-aggregation providers, banks, card issuers, payroll providers, payment processors, and other third parties have their own terms, privacy policies, security practices, and service limitations.
You are responsible for reviewing those third-party terms. We do not control and are not responsible for:
- the availability or accuracy of third-party account data;
- the security practices of a bank or third-party provider;
- a provider’s decision to permit or deny access;
- changes to a provider’s technology or terms;
- fees charged by a third party; or
- unauthorized activity occurring within a third-party account.
8.3 Your authorization and responsibility
You represent that you have authority to connect each account and authorize access to its information. You may not connect an account belonging to someone else unless you have lawful authority to do so.
You remain responsible for reviewing account activity directly with the applicable account provider.
8.4 Privacy Policy
Our collection, use, disclosure, retention, and protection of personal information are described in the Across America Financial Privacy Policy, available at [Privacy Policy URL].
The Privacy Policy is incorporated into these Terms by reference. If there is a conflict between these Terms and the Privacy Policy regarding privacy practices, the Privacy Policy controls for that subject.
9. Intellectual Property
9.1 Our ownership
The Service, including its software, design, features, text, graphics, interfaces, logos, trademarks, service marks, compilation, databases, and other content, is owned by or licensed to Across America Financial and is protected by intellectual-property and other laws.
“Across America Financial,” our logos, product names, slogans, designs, and related marks are our trademarks or may be trademarks of our licensors. You may not use them without our prior written permission.
9.2 Limited license
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes.
This license ends automatically when your account is terminated or when we revoke your access.
You do not receive ownership of the Service or any intellectual-property rights by using it.
9.3 Feedback
If you submit comments, ideas, suggestions, reviews, or other feedback about the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, distribute, and otherwise exploit the Feedback for any lawful purpose without payment or attribution.
You agree that your Feedback will not contain confidential information belonging to another person and that you have the right to provide it.
10. Third-Party Links and Content
The Service may contain links to or integrations with third-party websites, applications, services, products, or content.
Third-party links and integrations are provided for convenience. We do not control, endorse, or guarantee third-party services or content. Your use of third-party services is governed by the third party’s terms and privacy practices.
We are not responsible for:
- third-party content;
- third-party advertising;
- third-party availability or security;
- third-party products or services;
- transactions between you and a third party; or
- loss or damage resulting from your use of a third-party service.
You should independently evaluate any third-party service before using it or providing information to it.
11. Disclaimers
11.1 General disclaimer
To the fullest extent permitted by law, the Service is provided for general informational and organizational purposes. We do not guarantee that the Service will help you achieve any particular financial result, avoid fees, improve credit, increase savings, access wages, qualify for a product, or make better financial decisions.
We do not guarantee that:
- the Service will be uninterrupted, timely, secure, or error-free;
- the Service will meet your requirements;
- information displayed through the Service will be complete, current, or accurate;
- third-party account data will be available or accurate;
- the Service will identify every bill, transaction, account, fee, or financial obligation;
- alerts or reminders will be delivered on time;
- a regulated product will be available or approved;
- a product will improve your credit history or score;
- an overdraft, wage-access, or credit request will be approved;
- the Service will be compatible with every device, bank, card, payroll provider, or third-party service; or
- defects will be corrected.
11.2 No reliance on displayed information
Information displayed through the Service may be delayed, incomplete, estimated, incorrectly categorized, or affected by technical limitations. You should verify all important information with the relevant bank, card issuer, lender, payroll provider, creditor, tax adviser, attorney, or other qualified professional.
11.3 No emergency service
The Service is not intended for emergencies. Do not rely on the Service for emergency financial, medical, legal, security, or other time-sensitive needs.
11.4 ALL-CAPS WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, INFORMATION, SOFTWARE, FEATURES, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE COMPLETE, CURRENT, OR ACCURATE. NO INFORMATION OR COMMUNICATION FROM US CREATES A WARRANTY UNLESS EXPRESSLY STATED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ACROSS AMERICA FINANCIAL.
Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In those states, warranties are limited to the maximum period and extent permitted by law.
12. Limitation of Liability
12.1 ALL-CAPS LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACROSS AMERICA FINANCIAL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY CONTENT OR PRODUCT PROVIDED THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
12.2 Exceptions and nonwaivable rights
Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for:
- fraud or intentional misrepresentation;
- willful misconduct;
- gross negligence where limitation is prohibited;
- death or personal injury caused by negligence where limitation is prohibited;
- violation of rights that cannot be waived;
- a party’s indemnification obligations to the extent not legally waivable; or
- other liability that applicable law requires to remain available.
Nothing in these Terms waives rights or remedies that applicable consumer-protection, privacy, credit, payment, lending, or other law prohibits you from waiving.
12.3 Regulated products
For a regulated product, the product-specific agreement and required disclosures may contain different liability provisions, rights, remedies, dispute procedures, or limits. If those terms conflict with this Section 12, the product-specific terms control for claims arising from that regulated product to the extent permitted by law.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Across America Financial and its officers, directors, employees, agents, affiliates, licensors, service providers, and partners from and against third-party claims, damages, liabilities, losses, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:
- your violation of these Terms;
- your misuse of the Service;
- your violation of applicable law or another person’s rights;
- information or content you submit through the Service;
- your unauthorized use of another person’s account or information; or
- your violation of a third-party agreement.
You are not required to indemnify a covered party for losses caused by that party’s fraud, willful misconduct, or conduct for which indemnification is prohibited by law.
We will provide reasonably prompt notice of a claim, although a delay in notice will not eliminate your obligations unless the delay materially prejudices you. We may participate in the defense, and you may not settle a claim in a way that admits fault by or imposes obligations on us without our prior written consent.
14. Dispute Resolution; Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES MAY BE RESOLVED.
14.1 Informal resolution first
Before starting arbitration or a court action, you and Across America Financial agree to try in good faith to resolve the dispute informally.
You must send a written notice describing the dispute to:
Across America Financial [Legal Entity Name] [Registered Address] Email: [support@acrossamericafinancial.com]
Your notice must include your name, account email address, a description of the dispute, the facts supporting your position, and the specific relief requested.
We will send our notice to the email address or mailing address associated with your account. You and we will have 30 days after receipt of the notice to attempt informal resolution. This informal-resolution requirement does not prevent either party from seeking temporary or emergency relief when necessary to preserve rights or prevent immediate harm.
14.2 Agreement to arbitrate
Except for the claims excluded below, you and Across America Financial agree that any dispute, claim, or controversy arising out of or relating to:
- these Terms;
- the Service;
- your account;
- your relationship with Across America Financial;
- advertising or communications; or
- the formation, interpretation, performance, breach, termination, or enforceability of these Terms,
will be resolved by individual, binding arbitration rather than in court.
This agreement includes claims based on contract, statute, regulation, tort, fraud, misrepresentation, negligence, or any other legal theory, and includes claims that arose before you accepted these Terms.
The arbitrator, rather than a court, will decide disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide whether the class-action waiver or the prohibition on representative proceedings is enforceable.
14.3 Small-claims exception
Either party may bring an individual claim in small-claims court if:
- the claim qualifies for that court;
- the claim remains an individual claim;
- the claimant does not seek class, collective, or representative relief; and
- the claim is brought in a court with proper jurisdiction.
If a small-claims action is transferred, removed, or appealed in a way that makes it ineligible for small-claims court, either party may request arbitration.
14.4 Government and regulatory actions
Nothing in these Terms prevents you from:
- reporting a concern to a federal, state, or local government agency;
- communicating with a regulator or law-enforcement agency;
- participating in an investigation;
- filing a complaint with a government agency; or
- pursuing a remedy that cannot legally be waived.
A government agency may seek relief on your behalf where authorized by law.
14.5 Class-action and representative-action waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ACROSS AMERICA FINANCIAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
UNLESS BOTH YOU AND ACROSS AMERICA FINANCIAL EXPRESSLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.
This waiver does not prevent you from participating in a class settlement or representative settlement to which you have independently consented.
If a court determines that applicable law prohibits enforcement of this class-action waiver for a particular claim or remedy, that claim or remedy will proceed only to the extent required by law. Any remaining enforceable portion will be enforced.
14.6 Jury-trial waiver
To the extent a dispute proceeds in court rather than arbitration, you and Across America Financial knowingly and voluntarily waive the right to a jury trial to the fullest extent permitted by law.
14.7 Arbitration administrator and rules
Arbitration will be administered by [American Arbitration Association (“AAA”) / JAMS / Other Administrator] under its applicable consumer arbitration rules, as modified by these Terms and applicable law.
The administrator and rules must be completed and reviewed by counsel before publication.
If the administrator’s rules conflict with these Terms, these Terms control unless the conflict would make the arbitration agreement unenforceable.
The arbitration may be conducted by video, telephone, documents, or at a reasonably convenient location for the consumer. The arbitrator must apply applicable substantive law and may award the same individual remedies that a court could award under applicable law.
14.8 Arbitration costs
We will pay or advance arbitration filing, administration, and arbitrator fees to the extent required by the applicable consumer arbitration rules or law. You will not be required to pay more in arbitration fees than you would be required to pay to file an equivalent individual case in court, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose under applicable legal standards.
Each party will generally bear its own attorneys’ fees, subject to any fee-shifting rights available under applicable law or an applicable product-specific agreement.
14.9 Coordinated or mass filings
If 25 or more substantially similar arbitration demands are filed against us by the same or coordinated counsel or organization, the administrator may apply its procedures for coordinated or mass arbitration. The parties agree to work in good faith to select representative cases, establish an efficient process, and avoid unnecessary costs, while preserving each consumer’s right to pursue an individual claim.
14.10 Opting out of arbitration
You may opt out of this arbitration agreement by sending a written opt-out notice to [support@acrossamericafinancial.com] or the address listed in Section 14.1 within 30 days after the date you first accept these Terms.
Your notice must include:
- your full name;
- the email address associated with your account;
- your mailing address;
- a statement that you are opting out of the arbitration agreement; and
- the date of your request.
Opting out does not affect any other part of these Terms and does not revoke an arbitration agreement contained in a separate product-specific agreement unless that agreement provides a separate opt-out process.
14.11 Attorney review and state-law enforceability
The enforceability of arbitration agreements, class-action waivers, representative-action waivers, jury waivers, mass-arbitration procedures, and related provisions varies by state and may depend on the particular product, transaction, claim, and consumer.
This Section 14 must be reviewed by licensed counsel for each state in which the Service or a regulated product is offered before publication.
15. Governing Law and Venue
These Terms and any dispute not subject to arbitration will be governed by the laws of the State of Florida, without regard to conflict-of-law rules.
However, if the consumer-protection, privacy, credit, lending, payment, or other mandatory law of the state where you reside provides rights or protections that cannot be waived, those laws will apply to the extent required.
Subject to Section 14, any court proceeding must be brought in the state or federal courts located in [County], Florida, unless applicable law requires a different location or venue.
16. Suspension and Termination
16.1 Termination by you
You may stop using the Service at any time and may request account closure by contacting [support@acrossamericafinancial.com].
Closing your account does not automatically cancel a separate regulated-product agreement, payment authorization, or subscription unless the applicable agreement or cancellation process states otherwise.
16.2 Termination or suspension by us
We may suspend or terminate your account or access to the Service if:
- you violate these Terms;
- you violate applicable law;
- you provide inaccurate or misleading information;
- your use creates risk or potential liability;
- we suspect fraud, abuse, or unauthorized activity;
- a third-party provider ends or restricts its services;
- we discontinue the Service;
- suspension is necessary for security or regulatory reasons; or
- we are otherwise permitted to do so under applicable law.
Where reasonably practicable, we will provide notice and information about available appeal or resolution procedures.
16.3 Effect of termination
After termination:
- your license to use the Service ends;
- you must stop using the Service;
- unpaid amounts properly owed remain due;
- we may delete or deactivate your account in accordance with our Privacy Policy and legal obligations; and
- separate product agreements may remain in effect until separately terminated.
16.4 Survival
The following Sections survive termination to the extent applicable:
- Sections 2.2 through 2.4;
- Sections 5.2 through 5.5;
- Sections 8 through 15;
- Sections 16.3 and 16.4; and
- any provision that by its nature should survive termination.
17. Changes to These Terms
We may update these Terms from time to time.
If we make a material change, we will provide notice as required by law, such as by:
- posting the updated Terms;
- updating the “Last Updated” date;
- sending an email;
- displaying an in-service notice; or
- requesting renewed acceptance.
The updated Terms will become effective on the stated effective date. If applicable law requires your affirmative acceptance, we will request it.
If you continue using the Service after the effective date, your continued use constitutes acceptance of the updated Terms to the extent permitted by law. If you do not agree to a material change, you must stop using the Service and cancel any paid plan before the change takes effect.
Changes to a regulated product will be governed by the notice and modification provisions in the applicable product-specific agreement.
18. Miscellaneous
18.1 Severability
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
If a provision cannot be enforced, it will be modified or severed only to the minimum extent necessary to make the remaining Terms enforceable.
18.2 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms, in whole or in part, without your consent in connection with a merger, acquisition, reorganization, sale of assets, financing, change of control, or operation of law, provided that the transfer does not reduce rights that cannot lawfully be reduced.
18.3 Entire agreement
These Terms, the Privacy Policy, applicable product-specific agreements, disclosures, and any other terms expressly incorporated by reference constitute the entire agreement between you and us regarding the Service and supersede prior or contemporaneous agreements on that subject.
If a product-specific agreement conflicts with these Terms, the product-specific agreement controls for that product.
18.4 No waiver
Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.
A waiver must be in writing and signed by an authorized representative to be effective.
18.5 No agency relationship
These Terms do not create a partnership, joint venture, agency, employment, fiduciary, franchise, or other representative relationship between you and Across America Financial.
You may not represent that you have authority to bind us.
18.6 No third-party beneficiaries
Except where these Terms expressly state otherwise, these Terms do not create rights for any third-party beneficiary.
Our affiliates, licensors, service providers, and partners may enforce provisions that expressly protect them.
18.7 Force majeure
We are not responsible for delay, interruption, or failure caused by events beyond our reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, power outages, cyberattacks, failures of third-party providers, or other events outside our reasonable control.
18.8 Notices to you
We may provide notices to you by email, text message if separately authorized, in-service notification, posting on the website, or other legally permitted means.
You are responsible for keeping your contact information current.
18.9 Notices to us
Legal notices must be sent to:
[Legal Entity Name] [Registered Address] Email: [support@acrossamericafinancial.com]
General customer-support requests should be sent to [support@acrossamericafinancial.com].
18.10 Interpretation
Headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation.”
These Terms will not be interpreted against either party merely because that party or its representative drafted them.
19. How to Contact Us
If you have questions, complaints, or requests relating to these Terms or the Service, contact us at:
Across America Financial [Legal Entity Name] [Registered Address] Email: [support@acrossamericafinancial.com] Website: https://acrossamericafinancial.com
We usually respond to customer-support messages within one business day, although response times may vary.
