Terms of Use

Last Updated: September 1, 2023
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Welcome and thank you for visiting our website (Site).  These Terms of Use (Terms) constitute a legally binding agreement governing the relationship between Earnnest, LLC, a South Carolina limited liability company (Earnnest, we, or us), and any person or entity (User or you) accessing or using our Site, requesting a service we provide (Service), or registering for an account required to use our Service (Earnnest Account).  The term User includes any individual or entity using our Site or Service, whether initiating, authorizing, or accepting debit or credit payment transactions (Transactions).
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Carefully review these Terms before using the Site or Service.  Please contact us with questions at [email protected].
THIS AGREEMENT IS SUBJECT TO FEDERAL ARBITRATION ACT (9 U.S.C. §§1-16) OR THE APPLICABLE STATE STATUTES, INCLUDING SOUTH CAROLINA UNIFORM ARBITRATION ACT (TITLE 15, CHAPTER 48), AS THE CASE MAY BE.

You agree to these Terms by clicking the acceptance button when prompted, accessing the Site, or using a Service.  

ACCEPTANCE OF THESE TERMS.
Additional Agreements.  In addition to your acceptance of these Terms, certain areas of the Site or Services may be subject to separate agreements that will be provided to you prior to your use.

Restrictions on Acceptance. You acknowledge and agree to the following:
If you are accepting these Terms on behalf of any legal entity or governmental agency, you have been authorized to accept and to act on behalf of such entity or agency;You have read and understand these Terms;You will be bound and abide by these Terms;You are at least 18 years of age;You have the right, authority and capacity to enter into these Terms;You have a valid email address;You have a valid deposit account with a United States financial institution;You have not previously used the Service through an Earnnest Account that we terminated or suspended for any reason; andThese Terms are the legal equivalent of a signed, written contract between you and Earnnest.

Revisions to Terms.  Earnnest may update these Terms from time to time to reflect changes to our Services, protocols, or Applicable Law.  The “Last Updated” legend at the top of these Terms indicates when they were last revised. Any changes are effective when we post the revised Terms on our Site. Earnnest will use commercially reasonable efforts to notify you of changes; however, your adherence to revised Terms is not contingent on notice.  We recommend you periodically review the posted Terms.  Your continued use of the Site and Services will constitute your continued agreement to the current Terms in effect.

App Provider Terms of Use.  You may access a Service via an application downloaded from an app store or distribution platform such as Apple App Store or Google Play (App Provider).  These Terms apply only between Earnnest and you, not the App Provider.  Earnnest is solely responsible for any Service notwithstanding its access via an application.  The App Provider will have no obligation to furnish support or maintenance to Earnnest’s Services.  If the Services fail to conform to any applicable warranty, Earnnest’s sole obligations to you are set forth in these Terms.  In addition to these Terms, you will be subject to the App Provider’s separate terms of use.

PRIVACY.
Privacy Policy.  These Terms incorporate Earnnest’s Privacy Policy that describes our collection and possible use of (a) any information that uniquely identifies or is exclusively related to you (Personal Information); and (b) your Personal Information required to create your Earnnest Account or access the Site or Services (User Information).  The Privacy Policy is available for your review on our Site. 

Compromised Personal Information.  You are responsible to notify us immediately at [email protected] if you believe (a) your Personal or User Information has been lost, stolen, or compromised; (b) an unauthorized party is using the Site or Service with your User Information; or (c) an unauthorized Transaction has occurred.

EARNNEST ACCOUNT.
Creating Your Earnnest Account.  Completing the registration process constitutes your acknowledgment and agreement for Earnnest to use your Personal and User Information as necessary to create your Earnnest Account, provide a Service, and for any other purpose permitted under our Privacy Policy and Applicable Law (meaning (a) any and all federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof; (b) governing these Terms, the Site, Services, or your use or access thereof; and (c) whether now or subsequently in effect).

Registration with Third-Party Providers.  Earnnest may rely on third-party providers to provide functionality to certain Services.  You may be instructed to register with those third-party providers and will be subject to their separate terms of use.  You may be precluded from accessing and using part or all of our Services if you (a) fail to register or agree to the third-party provider’s terms of use; or (b) provide inaccurate or incomplete data to the third-party provider.  You agree that we may share your Personal and User Information with the third-party providers, as well as rely on them to perform certain Service functions, including fund transfers.  Contact Earnnest’s customer support team for assistance regarding our third-party providers.

Changes to Information.  Earnnest is not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate Personal and User Information. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate Personal and User Information, we may temporarily suspend or terminate your Earnnest Account, the Site, or the Services.  You can update your Information by contacting us at [email protected].

FEES.
Usage Fees.  Earnnest may set and charge fees for use of the Site or specific Services.  Earnnest will post or otherwise notify you of its fees prior to your purchase.  All fees are subject to applicable terms of sale, pricing, payment and billing policies posted on the Site.  By using the Site, you agree to pay all Transaction service fees charged by Earnnest for the Service and Products.  Such fees will be automatically deducted at the time of Transaction from the account information you provide.

Fee Changes.  Earnnest will provide at least 30-days’ notice before imposing or changing any fees.  You may deregister your Earnnest Account and terminate Services during the 30-day period if you do not consent to a fee change.  Maintaining your Earnnest Account and continuing use of Services will constitute your consent to the fee change.

Additional Charges.  In addition to Earnnest’s usage fees, you acknowledge your responsibility for (a) any separate charges from Earnnest’s third-party service; (b) your financial institution’s transaction fees for authorized use of the payment mechanism you provide to Earnnest; and (c) any sales, excise, service, use or other taxes now or hereafter imposed for use of the Site or Services (excluding income tax attributable to Earnnest operations).

Promo Codes.  Earnnest may, from time to time, offer promotional codes (Promo Codes) for features or benefits related to the Services.  Promo Codes (a) are subject to the specific terms Earnnest establishes for such Promo Code; (b) are limited to the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Earnnest; (d) may be discontinued without liability by Earnnest at any time for any reason; (e) are not valid for cash; and (f) are not valid after expiration prior to your use.  Earnnest may withhold or deduct credits or other features or benefits if Earnnest determines the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable terms or these Terms.

No Refunds.  You are not entitled to refunds or exchanges for unused Services paid prior to your cancellation or termination of Services.

TRANSACTIONS THROUGH THE SITE AND SERVICES.
Earnnest provides a digital platform to facilitate secure electronic Transactions.  Accordingly, we must ensure the integrity of the Site and Services.  Earnnest reserves the right to terminate your Earnnest Account, deny Service, disable a Site feature, or suspend or cancel a Transaction for failure to meet any of the following provisions.

Accurate Information.  All Personal Information, User Information, and any other information or data you provide to Earnnest must be accurate, complete, and current.
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Authorization to Use Payment Method Provided.  By providing information to use the Site, a Service, or effect a Transaction, you (a) represent and warrant that you have the right, intent, and authority to initiate or authorize a Transaction; (b) authorize Earnnest to use the chosen payment method; and (c) assume responsibility for initiated or authorized Transactions, as well as incurred fees by any person or third party acting on your behalf or with Personal or User Information obtained as a result of your affirmative act or omission. 

Timing of Payments.  Earnnest may process a Transaction up to 30 days following your authorization via our Site.  In the interim, Earnnest may periodically check your account balance solely to determine sufficiency of funds to satisfy your authorized Transaction.  You agree to maintain sufficient funds to satisfy the Transaction from the point of your authorization to the time of the payment’s initiation.  Earnnest will generate and provide to you a receipt verifying initiation and completion of your authorized Transaction.

Reimbursement Obligation.  Because of the time sensitivity of Transactions that you process through the Site and to minimize negative impact to you, Earnnest may (but is not obligated to) remit funds for Transactions you authorize through the Site but that fail to process for whatever reason (Covered Funds).  You agree to fully reimburse Earnnest for any Covered Funds Earnnest remits on your behalf within 10 days of notice.

Consumer Protections.  Earnnest supports and honors your consumer rights and protections granted under Applicable Law, including your right to dispute and correct inaccurate, erroneous, and fraudulent transactions (Inaccurate Transactions).  Pursuant to the United States Electronic Fund Transfer Act (EFTA), you have 60 days to provide written notice stating (a) your good-faith belief that an Inaccurate Transaction has occurred; (b) the basis for your belief; and (c) the amount of the inaccuracy.  If a financial institution determines an Inaccurate Transaction has occurred, Earnnest will work with that institution to promptly correct the Transaction.  You may be subject to a $50.00 administrative fee if your notice of an Inaccurate Transaction is deemed invalid.  

Protection of Properly Initiated and Authorized Transactions.  
Earnnest complies with Applicable Laws governing properly initiated and authorized Transactions, specifically: (i) the availability for withdrawal within one banking day of electronic payments actually and finally collected pursuant to United States 12 CFR 229.10(b); and (ii) the prohibition against reversing transactions not deemed Inaccurate Transactions as dictated by Rule 2.9 of the National Automated Clearing House Association’s (NACHA) Rules.  Earnnest may suspend your Earnnest Account if you attempt to reverse, chargeback, or pullback a properly authorized Transaction for any reason other than an Inaccurate Transaction.  User acknowledges Earnnest’s right to pursue all available collection and legal remedies to recover Covered Funds Earnnest remits on an authorized Transaction that User subsequently and improperly attempts to reverse, charge back, or pull back.

Earnnest Escrow Services. By using the Site to make a payment to Earnnest Escrow Services LLC, a wholly owned subsidiary of Earnnest, you understand and agree that your funds may be held in an interest bearing account and that any interest earned will be retained by Earnnest Escrow Services LLC.

CREDIT CARD TRANSACTIONS.
The provisions in this Section apply to credit card Transactions you initiate and authorize via our Site.
Credit Cards Accepted.  Earnnest accepts the following cards:
American ExpressDiscoverMasterCardVisa

Your Certification.  By initiating a credit card payment via our Site, you certify the following:
You are 18 years of age or over.You are authorized to accept these Terms.You are able to and will meet your obligations in relation to these Terms.The credit card used in connection with the payment is issued in your name or you are authorized to use the credit card.You accept and agree to your personal data being provided to a Service provider for the sole purpose of administering the payment via our Site.You will pay the credit card issuer all charges incurred in the use of the Services.All information supplied by you is true and correct.

Secure Payments.  Credit card payments are secure.
Payments will be processed by Stripe, Inc., using Secure Socket Layer (SSL) software.  Credit card payments authorized via Earnnest’s Site are subject to Stripe’s terms of use and privacy policy.Credit card numbers are protected with a high level of encryption when transmitted over the Internet.Earnnest does not store in any way your credit card information.Never transmit credit card information by e-mail.

Effect of Credit Card Payments Via Earnnest’s Site.
When completing an online payment, funds will be deducted from your credit card in USD currency.  Credit card payments are debited to your credit card balance.  Please allow one to three business days for your payment to update in the payee’s records.Payments made on behalf of a third-party become the property of the payee.  Payer has no control of the payment funds after the Transaction.As a payment processor, Earnnest will not be responsible for refunds of credit card payments made via our Site.

Payment Confirmation.
If payment is successful, you will receive a confirmation of your completed payment.If payment is unsuccessful:You will be advised that your payment has failed. Earnnest will not be notified if or why a payment was unsuccessful; therefore, you should contact your credit card issuer for details.You will need to use an alternate form of payment to complete your Transaction.  Please promptly arrange an alternative payment method to prevent any delay or failure of your Transaction.

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED.
Licensing Agreement; License.  Subject to the provisions in these Terms, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the Site and Services for non-commercial purposes only as intended and only for their intended purposes.  The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a User of the Site and Services.  You may not copy, modify, republish, assign, sell, distribute, or create derivative works from the Site, Services, and Content.  No ownership rights are granted to you hereunder and no title is transferred hereby.

Ownership of Services and Content.  Earnnest or its third-party content suppliers own all Intellectual Property Rights (meaning any and all registered and unregistered rights granted, applied for; now or hereafter in existence; under or related to any patent, copyright, trademark, trade name, trade dress, trade secret, database protection or other national and international intellectual property rights laws; and all similar or equivalent rights or forms of protection) to all text, pictures, graphics, logos (except User logos provided for co-branding purposes), button items, images, works of authorship, other content, data, material, systems, processes, technology, and compilations on the Site or created by or on Earnnest’s behalf (collectively, Content).  You may download the Content for your personal use provided you do not alter it or remove any copyright, trademark, or other intellectual property notice.  Absent Earnnest’s prior written consent, you may not reverse-engineer, use, sell, publish, modify, or otherwise appropriate any Content in any manner that would (a) infringe on Earnnest’s Intellectual Property Rights or third-party licenses; or (b) diminish the Content’s commercial and economic value to Earnnest.  

United States Government Rights.  The Site and Services are commercial computer software, as defined in 48 C.F.R. §2.101. Accordingly, if the User is the United States Government or any contractor therefor, the User will receive only those rights with respect to the Site, Services, and Content as granted to all other Users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors; or (b) 48 C.F.R. §12.212, with respect to all other United States Government licensees and their contractors.

Prohibited Use.  Any use of the Site, Services, and Content not intended by Earnnest or expressly granted in these Terms is expressly prohibited.  Any use that violates Applicable Law is expressly prohibited.

USE AND OWNERSHIP OF INFORMATION SUBMITTED TO EARNNEST.
Personal and User Information.  Earnnest will protect and maintain the confidentiality of your Personal and User Information as required by Applicable Law and as set forth in our Privacy Policy.

User Submissions. Any information, communications, and data you submit to Earnnest or post to the Site that does not constitute Personal Information or User Information will be deemed a Submission.  Except as set forth in our Privacy Policy, Submissions will be considered non-confidential. Subject to Applicable Law with regard to identifiable information, providing your Submission constitutes your waiver of any privacy expectations regarding the Submission.  

Earnnest’s Use of Submissions.  Earnnest may, directly or indirectly, collect and store Submissions regarding use of the Site and Services. You agree that Earnnest may use Submissions for any lawful purpose, including: (a) improving the performance of the Application;(b) providing promotional and marketing materials concerning other Services and products; (c) verifying your compliance with these Terms; and (d) enforcing Earnnest's ownership, rights, title, and commercial value in the Site, Services, and Content.

License to Earnnest.  Earnnest does not claim ownership of the original content from which your Submission derived.  However, by providing a Submission, you hereby:
Grant to Earnnest all right, title, and interest in the Submission to use, reproduce, edit, display, transmit, modify, create derivatives, and publish the Submission (i) in any media; (ii) whether now known or hereinafter created; (iii) throughout the world; and (iv) for any purpose related to the business of Earnnest. Represent and warrant that you have authority to post, upload, submit and transfer your Submission as contemplated in these Terms. Represent and warrant that your Submissions will be accurate and not be intended to mislead, harm or cause damage to Earnnest, any User, or any other party.Warrant that you will indemnify and hold Earnnest harmless for any claims or losses incurred in Earnnest’s use of the Submission as contemplated in these Terms.Acknowledge that no compensation will be paid by Earnnest for Earnnest’s use of your Submissions.  Agree that Earnnest has no obligation to preserve, return, or otherwise make Submissions available to you or others.

Feedback.  Absent prior written agreement, Earnnest will exclusively own all right, title, and interest in any developments, creations, inventions, and concepts derived from any creative ideas, suggestions, inventions, or materials that you provide to Earnnest (Feedback).  Earnnest (i) will not be subject to any confidentiality obligation nor liable for use or disclosure of any Feedback; and (ii) will be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.

EARNNEST’S WARRANTY LIMITATIONS AND DISCLAIMERS.
No Warranties.  YOU AGREE YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK.  THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EARNNEST, ITS AFFILIATES (MEANING ANY PERSON OR ENTITY THAT DIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF A PARTY), OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AND AGENTS (COLLECTIVELY, AGENTS) DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING: (A) FITNESS FOR A PARTICULAR PURPOSE; (B) TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY; (C) THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (D) THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS OF THE SITE, SERVICES, OR CONTENT; (E) THIRD-PARTY SERVICES ADVERTISED ON OR ACCESSED THROUGH THE SITE; (F) ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES; (G) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED; AND (H) ANY OTHER WARRANTIES NOT EXPRESSLY AND EXCLUSIVELY CONTAINED IN THESE TERMS.

No Liability for Special Damages.  YOU AGREE THAT EARNNEST AND ITS AGENTS WILL NOT BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES RELATING TO THE SITE, SERVICE OR THESE TERMS, EVEN IF EARNNEST HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE YOUR EARNNEST ACCOUNT, THE SITE, SERVICES OR CONTENT; (B) THE COST OF OBTAINING SUBSTITUTE SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES; (C) STATEMENTS, CONDUCT, ACTS OR OMMISSIONS OF ANY THIRD PARTY; OR (D) ANY OTHER MATTER RELATED TO THE SITE, SERVICES OR CONTENT.

No Liability for Third-Party Action.  Earnnest continually monitors the Site.  However, we cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted.  Earnnest assumes no liability for (a) any action or inaction regarding data, transmissions, or communications uploaded to the Site by any User or third party; and (b) any prohibited use of the Site that is not the result of Earnnest’s negligence, gross negligence, or willful misconduct.

No Liability for User Error or Party Relationships.  Earnnest’s role is strictly limited to facilitating Transactions as initiated and authorized.  Earnnest:
Is not liable for a User’s error or mistake in initiating or authorizing a Transaction.  Does not insure or guarantee Users’ contractual relationships and obligations underlying a Transaction.

Limitation of Liability.  Earnnest’s indemnification obligations and liability for any warranty breaches will be solely limited to (a) any fees or charges for your use of the Site and Services; and (b) correction of any Transaction inaccuracy directly caused by Earnnest Agents or systems.

Potential Exemption from Warranty Limitations.  CERTAIN APPLICABLE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IN THAT EVENT, YOU MAY BE EXEMPT FROM THESE WARRANTY LIMITATIONS, BUT ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.

YOUR WARRANTIES TO EARNNEST.
In addition to other representations and warranties throughout these Terms, you represent and warrant to Earnnest the following: (a) all Personal Information, User Information, and Submissions you provide to us is accurate, complete, and current; (b) you will promptly update and correct any Personal Information and User Information that is obsolete, outdated, inaccurate, or compromised; (c) you have the authority to share the Personal Information, User Information, and Submissions with us; (d) you grant us the right to use your Personal Information and User Information to provide the Services and as provided in these Terms; (e) if applicable, you have the right to grant to us any licenses you provide for co-marketing  or other purposes; (f) your use of the Site and Services pursuant to these Terms does not violate any contract or obligation to which you are a party or by which you are otherwise bound; and (g) you will use the Site and Services only as intended, in compliance with these Terms and Applicable Law, and for no unlawful purpose.

INDEMNIFICATION.
User’s Indemnification Obligations.  You will release, indemnify, defend, and hold Earnnest harmless for any losses, liabilities, damages, costs, and expenses (including attorneys’ fees and other expenses of litigation) (collectively, Losses) resulting from the following: Your breach of your duties, obligations, representations, or warranties contained in these Terms.Your negligence, gross negligence, or willful misconduct relating to your use of the Site or Services.Your failure to protect your Personal and User Information from unauthorized disclosure or use.Your violation of Applicable Law.

Earnnest’s Indemnification Obligations.  Earnnest will release, indemnify, defend, and hold you harmless for any Losses resulting from the following:
Earnnest’s breach of its duties, obligations, representations, or warranties contained in these Terms.Earnnest’s negligence, gross negligence, or willful misconduct relating to operation of the Site and provision of Services.Earnnest’s failure to protect your Personal and User Information from unauthorized disclosure or use.Earnnest’s violation of Applicable Law.

Scope of Indemnification Obligations.  Earnnest’s indemnification obligations will extend up to Earnnest’s limitations on liability contained in these Terms.

BINDING ARBITRATION.
Any dispute related to your use of the Site and Services that can not be resolved through direct discussions or mediation will be arbitrated before a single arbitrator at either party’s request.  The arbitration will be conducted according to the International Institute for Conflict Prevention & Resolution (CPR) Non-Administered Arbitration Rules (see www.cpradr.org).  Within five business days after initiating arbitration, the parties (or their legal counsel) will attempt in good faith to select a single arbitrator; if they cannot, then each party will select (at its expense) a neutral who will then collectively select a third neutral. The arbitrator may be (but is not required to be) a CPR neutral and will solely arbitrate the matter.  The dispute will be arbitrated under authority of the South Carolina Uniform Arbitration Act (Title 15, Chapter 48).  Unless otherwise agreed, the arbitration will take place in Greenville County, South Carolina, USA within 60 days of notice by a party of its intention to arbitrate a dispute.  The prevailing party will be entitled to recover all of its out-of-pocket costs -- including legal and arbitration fees – from the non-prevailing party.  The allocation of legal fees will also apply to any action taken in a court of law to enforce the arbitrator’s decision. Judgment upon an arbitrator’s decision may be entered by any court having jurisdiction over the affected party.

TERMINATION.
Relationship.  Earnnest provides the Site and Services for your use at either party’s discretion.  These Terms or your use of the Site or Services create no joint venture, partnership, employment, or agency relationship between you and us.  

Term. These Terms will govern the parties’ relationship beginning the date you first access the Site or use a Service until either Party terminates the relationship.

Termination Rights of Earnnest. Earnnest may terminate its relationship with you at any time in our sole discretion by disabling the Site and/or discontinuing Services.

Your Termination Rights. You may terminate your relationship with Earnnest at any by discontinuing your use of the Site and Services and notifying Earnnest at [email protected].

GENERAL TERMS.
Entire Agreement. The most current version of these Terms, other documents incorporated by reference, and any other agreements relating to specific Services, (1) constitute the entire agreement between the Parties with respect to the subject matter hereof; and (2) supersedes any oral or prior written agreements. Neither Party is relying on any representations, warranties or agreements of any kind, except as expressly set forth herein.

Survival. All provisions of these Terms that by their nature extend beyond the expiration or termination of your relationship with Earnnest or your use of the Site and Services will survive such termination or use to the applicable limitations period established by Applicable Law.

Modification.  Earnnest reserves the right to change, modify, supplement, or update these Terms from time to time, effective the date such updates are posted on the Site. We encourage you to periodically visit these Terms to check for any updates. In the event that an Amendment to these Terms materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or sending notices to you at your email address. Your continued use of the Site or Services constitute your agreement to be bound by any such Amendment. Any new Service will also be subject to these Terms.  The most current version of these Terms will be effective as of the date specified in the “Last Updated” legend set forth above.

Waiver. Earnnest’s waiver of your breach to any Terms will not be construed as a waiver of any subsequent breach.  Earnnest’s failure to complain of any act or to declare a default, irrespective of how long that failure continues, does not constitute a waiver of rights with respect to that default until the applicable statute-of-limitations period has run.

Severability. The provisions of these Terms are separate and independent covenants.  Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.

Assignment. You may not transfer or assign these Terms nor any of your rights hereunder to any third party.  Earnnest may assign these Terms or any rights hereunder without consent: (1) to an entity that acquires all or substantially all of its stock, assets or business; or (2) to an Affiliate or third-party service provider. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.

Third-Party Beneficiaries.  These Terms shall bind, and inure to the benefit of the Parties, their successors, and permitted assigns. Nothing in these Terms, expressed or implied, is intended to confer any of the rights hereunder on any other person.

Governing Law; Consent to Jurisdiction; Waiver of Jury Trial.  These Terms and the performance of the parties under these Terms will be construed in accordance with and governed by the laws of the State of South Carolina and of the United States, without regard to choice-of-law provisions.  Any suit or action arising out of, or in connection with, these Terms must be brought and maintained in the federal or state courts located in Greenville County, South Carolina.  The parties hereby irrevocably submit to the jurisdiction of such court for the purpose of such suit or action, and hereby expressly waive any claim that any such suit or action has been brought in an inconvenient forum.  The parties expressly waive any right to a trial by jury.

NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS; CONTACT US.
Notices.  All notices and other communication between the parties (Communications) must be in writing.  Communications to Earnnest must be sent to our contact information contained in these Terms or on the Site’s “Contact Us” link.  Earnnest will send Communications to the addresses provided in your Personal Information.
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Consent to Electronic Communications. Earnnest will use electronic methods (including SMS text messages) to relay Communications, unless you opt out or withdraw your consent as described below. You agree that electronic Communications constitute written notice satisfying Applicable Law. Earnnest is not obligated to provide Communications in paper format unless you submit written notice to opt out of electronic Communications and receive paper Communications going forward. 
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Timing of Communications. Electronic Communications will be deemed received on the date transmitted.  Paper Communications will be deemed delivered no later than five business days after Earnnest sends it. 
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System Specifications. In order to access, view, and retain Communications, you must have access to: (a) a computer or mobile device with an Internet connection; (b) a current or supported operating system with cookies enabled; (c) ability to open documents in “.pdf” format; (c) sufficient data storage capacity on your device; and (d) an email account with an Internet service provider. Your access to these Terms through your device verifies that your device meets these requirements.
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Contact Us. If you have questions about these Terms, please contact us at the email address or phone number provided below. We will attempt to respond to your questions or concerns promptly when received.
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E-mail: [email protected]
Phone: 1-888-870-2336
Mailing Address: 2435 E North Street, Suite 1108 - #109, , Greenville, SC 29615