Terms of Service

Last Updated February 21, 2024

BY ACCESSING AND USING ANY OF EVOLUTION FINANCE'S PRODUCTS OR SERVICES, INCLUDING WALLETHUB.COM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE EXIT THE SITES, MOBILE APP OR OTHER SERVICES IMMEDIATELY AND DO NOT USE THEM IN ANY WAY.

1. Introduction:

1.1. Evolution Finance, Inc. requires that you carefully read, understand and agree to the terms in this agreement. Your use of Evolution Finance, Inc.'s products, software, services, websites (for example, WalletHub.com) and mobile app (each referred to in this document individually as a "Service" and collectively as "Services" and excluding any services provided to you by Evolution Finance under a separate written agreement) is subject to the terms of a legal agreement between you and Evolution Finance described in this document, any user agreements, our Content Guidelines and our Privacy Policy. "Evolution Finance", "we," "us," or "our" refers to Evolution Finance, Inc., a Delaware Corporation, whose principal place of business is at 150 SE 2nd Ave, Suite 300, Miami, FL 33131 U.S.A.

1.2. Unless otherwise agreed to in writing with Evolution Finance, your agreement with Evolution Finance will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms of Service."

1.3. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms ("Additional Terms"). Such Additional Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service.

1.4. The Terms of Service, together with the Privacy Policy and Additional Terms, form a legally binding agreement between you and Evolution Finance in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."

1.5. THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. (Please see sections 31, 33 & 35.) These provisions form an essential basis of the bargain between you and Evolution Finance. AMONG OTHER THINGS, SECTION 35 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 35 (ARBITRATION AGREEMENT) CAREFULLY.

1.6. If there is any contradiction between the Additional Terms and the Terms of Service, then the Additional Terms shall take precedence in relation to the particular Service to which they relate.

2. Acceptance of Terms:

2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms and must immediately cease accessing or otherwise using any of Evolution Finance's Services.

2.2. Any unauthorized use of the Services by you shall be subject to the Terms until such unauthorized use has been terminated.

2.3. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Evolution Finance in the user interface for any Service; or (b) simply using any of the Services. In this case, you understand and agree that Evolution Finance will treat your use of the Services as acceptance of the Terms from that point onwards.

2.4. If you are using the Services on behalf of a business – including, but not limited to, credit card companies, mortgage companies, mortgage brokers, insurance companies, insurance brokers, financial advisors, law firms, attorneys, banks and credit unions, among other companies and organizations (each referred to individually as a "Business" or "Business Entity" and collectively as "Businesses" or "Business Entities" in this document) – you acknowledge and agree that your use of the Services constitutes acceptance of the Terms by the Business that you represent.

2.5. By accepting the Terms and/or accessing or using the Services, you acknowledge and agree that you are at least 18 years of age.

2.6. You may not use the Services and may not accept the Terms if: (a) you are not 18 years of age or do not have the requisite capacity to form a binding contract with Evolution Finance; (b) you are a person barred from receiving the Services under the laws of the United States or any local or national jurisdiction from which you are accessing or using the Services; (c) you work for or advise a competitor of ours; (d) we have previously banned you from using the Services; or (e) we closed your account.

2.7. Before you continue, you should print or save a local copy of these Terms of Service for your records.

3. Changes to the Terms:

3.1. Evolution Finance may from time to time make changes to these Terms of Service, our Privacy Policy or Additional Terms. When these changes are made, Evolution Finance will make a new copy of the Terms of Service available at https://wallethub.com/terms and will indicate at the top of that page the date that revisions were last made. Any new Additional Terms will be made available to you from within, or through, the affected Services.

3.2. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any and all changes to the Terms of Service are effective upon being posted, and you understand and agree that your continued access to or use of Services provided by Evolution Finance indicates your acceptance of any changes to the Terms. These terms are effective until your account, if applicable, is deactivated by either you or Evolution Finance and you discontinue your use of Services.

4. Registration for Services:

4.1. Registering for an account with us by providing the information requested will give you access to certain Services. Some of our Services require you to provide additional personal information before you can access features, such as your free credit score, free credit report, credit monitoring, account monitoring, analysis of your accounts and credit, customized recommendations, offers for products and services from third parties, and any additional features we may develop. Registering for an account is optional, as is providing additional personal information to access additional Services. However, if you do not provide the information requested, you will not be able to access certain features of the Services.

4.2. You may only register for an account if you are 18 or older and have a valid U.S. Social Security Number. By registering, you certify that you meet these criteria.

4.3. All information you provide to us about yourself and your third party financial accounts must be true, accurate, current and complete information. You are required to keep all information up to date and accurate. You may not register an account for anyone but yourself. You agree not to misrepresent your identity, your personal information or your third party account information.

4.4. By registering for an account or using the Services, you accept all responsibility for maintaining the confidentiality of your password, controlling and limiting access to your account, and for all activities that occur under your account or password. You may not sell, transfer or assign your account.

4.5. When you register for an account with us, you provide us with the following specific consents:

4.5.1. I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act (FCRA) and other applicable law for Evolution Finance to obtain and exchange information about me with third parties at any time for so long as I have an active WalletHub account. This includes but is not limited to a copy of my consumer credit report and score from consumer reporting agencies as well as exchanging credit data with lenders to identify offers that you may be prequalified for. You also agree that Evolution Finance may use and analyze your information, including but not limited to: (a) providing you a better experience; (b) providing you with customized recommendations and general information about you; (c) serving you targeted offers and other communication based on your information; (d) running statistical analysis; and (e) aggregating your data with other users' data and publishing the results in a way that cannot be linked back to you.

4.5.2. I further understand that I am authorizing Evolution Finance to retain a copy of all such information received, including the information I am submitting through the registration process or that I provide to Evolution Finance from time to time, either directly or indirectly (collectively, the "Member Profile"), and to use that Member Profile to match me with product and services offers from Evolution Finance's marketing partners.

4.6. To help the government verify your identity, fight identity theft, and combat the funding of terrorism and other money laundering activities, Evolution Finance may obtain, verify and record information that identifies each person who opens an account with us.

5. Provision of the Services by Evolution Finance:

5.1. Evolution Finance has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Evolution Finance. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

5.2. Evolution Finance retains the right to limit, modify, update, change, interrupt, suspend, disable, cancel or discontinue providing the Services (or any features of the Services) to any person, geographic area, or jurisdiction or to users generally at Evolution Finance's sole discretion at any time, without prior notice or liability. Evolution Finance also has the right to modify the Terms applicable to users of its Services, including these Terms of Service. Any such changes to the Services or Terms shall be effective immediately upon posting on the websites. Evolution Finance makes no promises about the extent of the data that we provide, and may in the future provide less information in the Services than we currently do. Evolution Finance also makes no promises that the Services we currently provide will continue to be provided in the future or that any free Services will remain free in the future. All Services provided by Evolution Finance are provided "as is" without warranty of any kind, implied, expressed or otherwise. You may stop using the Services at any time.

5.3. Evolution Finance has the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer and disclose any information (including Personal Information) to: (a) satisfy any applicable law, regulation, subpoena, governmental request or legal process if in our good faith opinion such action is required or permitted by law; (b) enforce these terms, including investigation of potential violations thereof; (c) protect the safety, rights, property or security of our Services or equipment or any third party; or (d) detect, prevent or otherwise address fraud, security or technical issues. Any such access, use, preservation, transfer or disclosure may be carried out without notice to you at any time.

5.4. You acknowledge and agree that while Evolution Finance may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Evolution Finance at any time, at Evolution Finance's sole discretion.

5.5. Evolution Finance reserves the right to change, cancel, close or suspend any account that you have created in association with the Services at any time, for any reason or no reason, without notice to you.

5.6. You acknowledge and agree that if Evolution Finance disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content (defined in Section 18) related to your account.

5.7. If Evolution Finance suspends, disables or closes your account, you may not create another one without our written permission.

6. Use of the Services by You:

6.1. We grant you permission to use the Services subject to restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

6.2. You must be 18 years of age or older to register for an account and/or access or contribute to the Services. Evolution Finance does not knowingly collect the information of anyone under the age of 18.

6.3. To access certain Services, you may be required to provide information about yourself as well as your Business, and its products and services, where applicable (for example, name, age, contact information, date of birth, Social Security number, qualifications, and all fees, rates and other key terms related to any listed products or services) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any information you give to Evolution Finance will always be complete, accurate, and up to date.

6.4. You agree not to, and will not assist or enable others to, access or attempt to access any of the Services by any means other than through the interface that is provided by Evolution Finance, unless you have been specifically authorized to do so in a separate agreement with Evolution Finance. You specifically agree not to access, attempt to access (or assist or enable others to access) any of the Services through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).

6.5. You agree to use the Services only for purposes that are permitted by: (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

6.6. Your use of the Services must comply with all applicable law. Unauthorized use of the Services, including but not limited to, unauthorized entry into Evolution Finance's systems, misuse of passwords, or misuse of any information available through the Services, is strictly prohibited. Any person attempting to access any of the Services without authorization may be subject to prosecution.

6.7. You agree not to, and will not assist, encourage or enable others to, use or attempt to use the Services to:

6.7.1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

6.7.2. Post or share anyone's personal information (including, but not limited to, identification documents and sensitive financial information, such as bank account or credit card numbers);

6.7.3. Threaten, stalk, harm, bully, or harass others, promote bigotry or discrimination, or incite violence;

6.7.4. Violate our Content Guidelines, for example, by writing a fake, defamatory, or inaccurate review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;

6.7.5. Use the Services to defraud or otherwise abuse the credit reporting or credit scoring systems;

6.7.6. Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with a Business Account and as expressly permitted by Evolution Finance;

6.7.7. Solicit personal information from others;

6.7.8. Submit or transmit pornography;

6.7.9. Send bulk emails, surveys, or other mass messages, whether commercial in nature or not;

6.7.10. Engage in keyword spamming, or otherwise attempt to manipulate the Services' search results or any third-party website;

6.7.11. Engage in unlawful multi-level marketing, such as a pyramid scheme; or

6.7.12. Do anything unlawful, misleading, malicious, or discriminatory.

6.7.13. You also agree not to, and will not assist or enable others to:

6.7.13.1. Violate the Terms;

6.7.13.2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Evolution Finance in a separate written contract;

6.7.13.3. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;

6.7.13.4. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any related content;

6.7.13.5 Reverse engineer any portion of the Services;

6.7.13.6. Reformat or frame any portion of the Services;

6.7.13.7. Access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of business, company or professional reviews;

6.7.13.8. Record, process, or mine information about other users;

6.7.13.9. Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;

6.7.13.10. Attempt to access portions of the Services which are not intended for public usage (the use of any information obtained from non-public portions of the Services is expressly prohibited);

6.7.13.11. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Evolution Finance's technology infrastructure or otherwise make excessive traffic demands of the Services;

6.7.13.12. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Content or features that enforce limitations on the use of the Services.

6.7.13.13. Use any device, software or routine that interferes with the proper working of the Services (or the servers and networks which are connected to the Services), or otherwise attempt to interfere with the proper working of the Services;

6.7.13.14. Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or any related content; or

6.7.13.15. Use the Services or any related Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

6.7.14. The restrictions above apply only to the extent permissible under applicable law. When something is permissible under applicable law but contrary to the above restrictions, you agree not to act contrary to those restrictions without providing 30 days prior written notice to Evolution Finance, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion. Further, any person who obtains a consumer credit report or score or other consumer credit information under false pretenses or otherwise in violation of the Fair Credit Reporting Act or any applicable state or federal law, may be subject to civil action, criminal prosecution or both.

6.8. By using any of the Services, you agree to receive certain communications in connection with the Services. For example, you might receive friend requests, questions or messages from other users or notifications about reviews, questions and comments related to you or your Business. You may also receive regular emails, SMS, and mobile push notifications from Evolution Finance for a number of reasons including deals, offers, alerts, account management, community news and changes to policies or the Terms. You can opt-out of non-essential communications from your WalletHub Account's Settings Page.

6.9. You agree that you are solely responsible for (and that Evolution Finance has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including, but not limited to, any loss or damage which Evolution Finance may suffer and any attorney's fees owed by you, Evolution Finance, or any third party). You also agree that failure to comply with these requirements shall constitute a breach of these Terms and shall constitute grounds for immediate termination of your account and your right to use Evolution Finance's Services.

7. Offers from Third-Party Partners:

7.1. As described in our Privacy Policy, you authorize Evolution Finance to provide our partners with your credit data and other relevant information provided by you while using the Services as a way to match you with offers for financial products and services from those partners. It is always your choice whether to apply for an offered product or service, and we will never submit an application for a financial product or service on your behalf without your express consent.

7.2. Some of Evolution Finance's partners may also perform a soft inquiry or promotional inquiry of your credit file based on the information provided to them by Evolution Finance. These inquiries will not affect your credit score.

7.3. If you apply for a line of credit or a loan directly with one or more of our partners based on an offer you viewed from our Services, those lenders may make a hard credit inquiry of your credit file before approving your application.

7.4. The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.

7.5. We may use information from your Member Profile and data we have on available offers for financial products or services to estimate how you might save money through one of the financial products or services available through our Services. Any estimate we provide you of possible savings and other information is for illustration purposes only. Our estimates are based on certain assumptions and use only the data we have, and are neither endorsed by, nor commissioned by, any of our marketing partners. We do not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness or usefulness of any estimates we provide, and we disclaim all liability for any errors or omissions in any such estimates.

8. Links to Third Party Sites or Applications:

8.1. There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse (all such sites or applications and third party content, collectively "Third Party Content"). You expressly acknowledge and agree that we are in no way responsible or liable for any Third Party Content, including, without limitation, any damages, losses, failures or problems caused by, related to or arising from such Third Party Content. Your correspondence and business dealings with third parties, including with respect to the financial products or services offered by such third parties, and any terms, conditions, policies, representations or warranties associated with such business dealings, are solely between you and the third party. You should review all of the relevant terms, conditions, policies, representations or warranties associated with such Third Party Content, including any privacy policies and terms of service that may be on a third party site or application that you visit or use. We disclaim any harm, including, without limitation, harm related to your personal information that may arise out of or relate to your access to or use of Third Party Content, including Third Party Content that is available on or through our Services.

9. Mobile Features:

9.1. Evolution Finance's Services may offer features and services that are available to you via our mobile app or mobile websites. These features may include, without limitation, the ability to upload Services content to your mobile phone, receive Services messages on your mobile phone, download applications to your mobile phone or access the Services' features on your mobile phone. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain features of the Services and certain features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

9.2. By using the mobile features, you agree that Evolution Finance may send communications to your mobile device and collect information from your device, as described in our Privacy Policy. You agree to notify Evolution Finance of any changes to your mobile number and update your account to reflect any such change. We do not charge for the mobile message program, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. You agree that these messages may be transmitted using an automatic telephone dialing system ("ATDS"), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a mobile message program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. For mobile messaging program support or assistance, text the HELP keyword in response to any message you receive through the program or email us at [email protected]

9.3 You acknowledge and agree that the availability of any mobile app is dependent on the third party from which you received the mobile app ("App Store") e.g., the Apple App Store or Google Play. You acknowledge that this Agreement is between you and Evolution Finance and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the mobile app from it. You agree to comply with, and your license to use the mobile app is conditioned on your compliance with, all applicable terms and conditions of the applicable App Store.

9.4 With respect to any application accessed through or downloaded from the Apple App Store (an "Apple App Store Sourced Application"), you shall only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Terms of Service, except that such Apple App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

9.5 The following applies to any Apple App Store Sourced Application accessed through or downloaded from the Apple App Store:

9.5.1 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.

9.5.2 In the event of any failure of the Apple App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced Application. As between Evolution Finance and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Evolution Finance.

9.5.3 You and Evolution Finance acknowledge that, as between Evolution Finance and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

9.5.4 You and Evolution Finance acknowledge that, in the event of any third-party claim that the Apple App Store Sourced Application or your possession and use of that Apple App Store Sourced Application infringes that third party's intellectual property rights, as between Evolution Finance and Apple, Evolution Finance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Evolution Finance acknowledge and agree that Apple, and Apple's subsidiaries,

9.5.5 You and Evolution Finance acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Apple App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Apple App Store Sourced Application against you as a third-party beneficiary thereof.

9.5.6 Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced Application.

9.6 Within our mobile app, you may purchase a recurring subscription to certain premium features. If you wish to cancel, change, or terminate a subscription that you purchased from an App Store, you must do so prior to the renewal commencement date via such third-party application store. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the service subscription fee paid for the then-current subscription period.

10. Special Provisions for Users Outside the United States:

10.1. You consent to having your personal data transferred to and processed in the United States.

10.2. If you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on or through the Services.

10.3. We reserve the right to limit the availability of the Services or the provision of any Content to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

11. Personal and Business Accounts:

11.1. You must create an account and provide certain information ("Account Information") about yourself or the Business you represent to use some of the Services or features that are offered on or through the Services.

11.2. If you select a username for your account, we reserve the right to remove or reclaim it at our discretion.

11.3. Unless Evolution Finance expressly designates you as a "Business" your account will be a "Personal Account."

11.4. A Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself (including, but not limited to, your name, age, address, and payment information, where applicable). You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.

11.5. A "Business Account" is an account to be used solely for the purpose of representing your Business in connection with the Services. In creating or updating a Business Account, you must be an authorized representative of the Business in question, and you must provide complete, accurate and up-to-date information about yourself, the Business you represent, and its products and services (for example, a Business Account affiliated with a credit card company must provide, at a minimum, customer service contact information and detailed information about the credit cards it offers, including all rates, fees, rewards and other major terms associated with those credit card offers; simply saying "N/A," "See Website for More Details" or "Competitive Rates" is not acceptable).

11.5.1. If you are no longer an authorized representative of the Business in question, you must transition the Business Account to another authorized representative of the Business and advise said representative to change the Account's password.

11.5.2. If you collect information from users in the process of managing a "Business Account," you will: (a) obtain their consent; (b) make it clear that you (and not Evolution Finance) are the one collecting their information; and (c) post a privacy policy explaining what information you collect and how you will use it.

11.5.3. While Business Accounts are made available to Businesses for customization and upkeep so as to contribute to a vibrant, diverse, and holistic online community, they are also used to provide a transformative service to consumers and other companies by enabling them to, among many other things, learn about, compare, review, express opinions about, and rate Businesses and their respective products and services. Given this dual purpose, Business Accounts cannot be closed. Furthermore, if you use or maintain a Business Account in a manner that contradicts the Terms, Evolution Finance reserves the right to edit or delete information as it sees fit, populate the Business Account and respective Business Content displayed on or through the Services with whatever information that Evolution Finance deems necessary, important and/or fitting to display, and revoke the Business's permission and ability to edit information directly. Additionally, even if you forgo control of your Business Account, you should NOT expect your Business Content, listings, information and respective products to be removed from the Services. It is important to understand that Evolution Finance reserves the right to edit, update and add publicly available Content to any Business listing at any time. If there are any inaccuracies, we will be happy to correct them within 10 business days of receiving your request, which should be submitted here.

12. Promotional Services for Business Accounts:

12.1. By signing up for Evolution Finance promotional services ("Promotional Services"), you agree to be bound by and comply with these Terms as well as Evolution Finance's Payment Terms. The Promotional Services are indicated on the Checkout Page and include, but are not limited to, "Ads" and "Business Upgrades." Furthermore, you represent that you (a) are at least 18 years of age; (b) have the power and authority to enter into the Terms on behalf of the business or entity for which the Promotional Services are to be provided; (c) your business is not subject to advertising restrictions by a regulatory agency; and (d) you are registered for sales and use tax collection purposes in all states in which your goods and services will be provided.

12.2. Subject to your compliance with the Terms, Evolution Finance will provide the Promotional Services that you selected in the web-based business upgrades purchase flow (the "Checkout Page") pursuant to the Terms.

12.3. The Ads program causes qualifying advertisements for your Business (each, an "Ad") to be displayed on or through one or more of Evolution Finance's Services, as further described in the Checkout Page.

12.4. Business Upgrades, which are further described on the Checkout Page, may include, without limitation, features like higher visibility in search results, an ad-free profile page, and more prevalent contact information. Business Upgrades are paid in advance in recurring installments (weekly, monthly, quarterly or annually).

12.5. Some Ads may incorporate Content from users of the Services, such as excerpts from user reviews. To the extent you provide Content for your Ad, or instruct one of Evolution Finance's representatives to provide Content on your behalf, you warrant that it will: (a) be true and correct; (b) not violate the rights of Evolution Finance or any third party; (c) comply with Evolution Finance's Content Guidelines; and (d) otherwise comply with the law, including, for example, laws relating to sweepstakes and promotions. Evolution Finance reserves the right to reject, approve or remove any Ad for any reason, in our sole discretion, including Ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy. These guidelines are subject to change at any time. Evolution Finance also reserves the right to alter Ad content at its sole discretion to conform to its Terms, technical specifications or Content specifications.

12.6. Evolution Finance enables users of its Services to read and write reviews about Businesses. Those Businesses are unable to edit, remove, or reorder their reviews, regardless of whether they advertise with Evolution Finance. Nor does Evolution Finance itself edit, remove, or reorder reviews based on advertising status. You understand that while Evolution Finance uses human moderators and software to identify potentially less reliable reviews, these methods may sometimes result in suppression of perfectly legitimate reviews on the one hand, and failure to detect illegitimate reviews on the other.

12.7. Our license to run your Ad will end when we have completed your Order. You understand, however, that if users have interacted with your Ad, your ad may remain until the users delete it.

12.8. We can use your Ads and related Content and information for marketing or promotional purposes.

12.9. You will not issue any press release or make public statements about your relationship with Evolution Finance without our written permission.

13. Advertisements:

13.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other Content or information.

13.2. The manner, mode and extent of advertising by Evolution Finance on or through the Services are subject to change without specific notice to you.

13.3. In consideration for Evolution Finance granting you access to and use of the Services, you agree that Evolution Finance may place such advertising on the Services.

13.4. Evolution Finance and its licensees may publicly display advertisements and other information adjacent to or included within Your Content. You are not entitled to any compensation for such advertisements.

14. Billing and Payment:

14.1. While most of the Services provided by Evolution Finance will be free, some (including, but not limited to subscriptions for premium features and Premium Business Accounts) will only be made available after receipt of payment. The Additional Terms which govern billing by and payment to Evolution Finance can be found at https://wallethub.com/terms/payment.

14.2. Please review these Payment Terms before you make any purchase since they may change from time to time. In the event of any conflict between the Payment Terms and the Terms of Service, the Payment Terms will prevail.

14.3 As further described in the Payment Terms, if you elect to purchase a subscription, your subscription will continue and automatically renew at Evolution Finance's then-current price for such subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the subscription. By subscribing, you authorize Evolution Finance to charge the payment method designated in your account now, and again at the beginning of any subsequent subscription period.

15. Account Security:

15.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

15.2. Accordingly, you agree that you will be solely responsible to Evolution Finance for all activities that occur under your account.

15.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify Evolution Finance immediately at [email protected].

16. Communications Security:

16.1. By creating an account, you indicate that you are consenting that Evolution Finance may through its Services call you or send you email, text (SMS) or mobile device push notifications from time to time. These communications may contain sensitive credit information, such as your credit score, creditor names, or other information about your credit. You hereby provide express written consent to any such communication even if your phone number is on any Do Not Call list, whether federal, state or corporate. Safeguarding the information contained in any communications sent to you by Evolution Finance is solely your responsibility. Evolution Finance is not responsible for safeguarding the communications once sent to you. You may change your notification preferences on the Settings Page at any time.

17. Privacy Policy:

17.1. For information about Evolution Finance's data protection practices, please read Evolution Finance's Privacy Policy athttps://wallethub.com/terms/privacy. This policy explains how Evolution Finance treats your personal information and protects your privacy when you use the Services.

17.2. By using the Services provided by Evolution Finance, you represent that you have read and understood our Privacy Policy. Furthermore, you agree to the use of your information and Content in accordance with Evolution Finance's Privacy Policy.

17.3. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms and Privacy Policy; (c) comply with a legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the If you use the Services outside of the United States, you consent to having your personal data transferred to and processed in the United States.

18. Content:

18.1. You understand that all information - including, but not limited to, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, location services, ratings, reviews, questions, answers, invitations, messages, and all other forms of data, communications, and publicly displayed information – (referred to in this document as "Content"), which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated. Content that you create, publish, display, share or otherwise make available on or through the Services is referred to in this document as "Your Content." "Third-Party Content" means Content that originates from parties other than Evolution Finance or its users, which is made available in connection with the Services.

18.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights, which are owned by the sponsors or advertisers who provide that Content to Evolution Finance (or by other persons or companies who provide the Content on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Evolution Finance or by the owners of that Content, in a separate written agreement.

18.3. You agree that you alone are responsible for (and that Evolution Finance has no responsibility to you or to any third party for) Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including any loss or damage which Evolution Finance may suffer or anyone's reliance on the quality, accuracy, or reliability of Your Content or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own (or have the necessary permissions to use and authorize the use of) Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Evolution Finance.

18.4. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

18.5. You understand that you may be held liable if Your Content: (a) contains material that is false, defamatory, or intentionally misleading; (b) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (c) contains material that is unlawful, including illegal hate speech or pornography; (d) exploits or otherwise harms others; or (e) violates or advocates the violation of any law or regulation.

18.6. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to "use" (i.e. use, copy, publicly perform or display, distribute, modify, translate, or create derivative works of) Your Content for any purpose without compensation to you. You also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Evolution Finance and its users any claims and assertions of moral rights or attribution with respect to Your Content.

18.7. Evolution Finance does not endorse, condone or hold the rights to any Content made available on or through the Services by users of the Services except as otherwise noted in the Terms.

18.8. Evolution Finance reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, remove or reinstate any or all Content from any Service. Please do not assume that we review any Content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

18.9. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

18.10. You agree that you are solely responsible for (and that Evolution Finance has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Evolution Finance may suffer) by doing so.

18.11. We make some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that: (a) your use of the Feeds is for personal, non-commercial purposes only; (b) your display of the Feed Content links back to the relevant pages on Evolution Finance's websites, and attributes the respective Evolution Finance Service (for example, WalletHub.com) as the source of the Feed Content; (c) your use or display of the Feed Content does not suggest that Evolution Finance promotes or endorses any third-party causes, ideas, websites, products or services, including Your Site; (d) you do not redistribute the Feed Content; and (e) your use of the Feeds does not overburden Evolution Finance systems. Evolution Finance reserves all rights in the Feed Content and may terminate the Feeds at any time.

18.12. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that: (a) your Feedback does not contain the confidential or proprietary information of third parties; (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) we may have something similar to the Feedback already under consideration or in development; (d) we are under no obligation to use your Feedback; and (e) we are under no obligation to compensate you for your feedback, whether we use it or not.

18.13. You represent that you have read and will abide by Evolution Finance's Content Guidelines.

18.14. While Evolution Finance endeavors to provide and to allow others to provide useful information regarding Business Entities and their respective products and services, you acknowledge that such information may be incomplete, misleading, inaccurate or outdated. In addition, you further acknowledge that such information may be obtained by or submitted to Evolution Finance from third parties.

18.15. Ratings and Reviews (including, but not limited to, those related to products, companies, services and professionals) reflect the opinions and assessments of the individuals or entities from whom they originate; someone else's assessment may be different or based upon different information. Unless expressly stated otherwise, no Content is an endorsement of a Business Entity or is a guarantee of a Business Entity's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such Business Entity is involved. The information provided on or through the Services is intended to be a starting point to gather information, but you should not rely solely on such information in deciding whether to hire or do business with any Business Entity. Furthermore, you should independently verify the accuracy of any Content you obtain on or through the Services before using it, and you should obtain independent references for any Business Entity you are considering hiring or doing business with.

18.16. The Services may include links to other websites, content, resources or applications (each, a "Third-Party Source" and collectively "Third-Party Sources"). We do not control or endorse any Third-Party Source. You agree that we are not responsible for the availability, reliability or contents of such Third-Party Sources. Your use of Third-Party Sources is at your own risk. Evolution Finance provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Evolution Finance of any site or any information contained therein.

19. No Professional-Client Privileges:

19.1. Information posted or made available on or through the Services, including, but not limited to, any responses to questions posted, information provided in Answers Pages, Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or related content or information (collectively "Expert Information") is not intended to create an attorney-client relationship between you and any Business Entity, including Evolution Finance. Such Expert Information is intended for general informational purposes only and should be used only as a starting point for addressing your relevant issues. It is not a substitute for an in-person or telephone consultation with a licensed financial professional or attorney about your specific issue, and you should not rely upon such Expert Information. You understand that questions and answers or other postings sent to Evolution Finance or displayed on or through the Services are not confidential and are not subject to any professional-client privileges or duties (for example, attorney-client privilege or fiduciary duty).

20. Proprietary Rights:

20.1. You acknowledge and agree that, unless otherwise noted, Evolution Finance (or Evolution Finance's licensors) owns all legal right, title and interest in and to the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews, ratings, and all other elements and components of the Services, excluding Your Content, the Content of other users of the Services, and Third-Party Content.

20.2. Evolution Finance also owns all copyrights, trademarks, service marks, trade names, logos, domain names, other distinctive brand features and other intellectual and proprietary rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) associated with the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by Evolution Finance in a separate written document.

20.3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

20.4. Unless you have been expressly authorized to do so in writing by Evolution Finance, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

20.5. You further acknowledge that the Services may contain information which is designated confidential by Evolution Finance and that you shall not disclose such information without Evolution Finance's prior written consent.

20.6. Except as expressly and unambiguously provided herein, Evolution Finance does not grant you any express or implied rights in or to the Services; all rights in and to the Services are retained by us.

20.7. Other than the limited license set forth in Section 22, Evolution Finance acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to Your Content, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Evolution Finance, you agree that you are responsible for protecting and enforcing those rights and that Evolution Finance has no obligation to do so on your behalf.

21. License from Evolution Finance:

21.1. Evolution Finance gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Evolution Finance as part of the Services provided to you by Evolution Finance (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Evolution Finance, in the manner permitted by the Terms. Any use of the Services other than as specifically authorized herein, without the prior written permission of Evolution Finance, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

21.2. Content provided on or through the Services is provided to you "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" for your informational and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services.

21.3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Evolution Finance, in writing.

21.4. Unless Evolution Finance has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Services and Software.

22. Content License from You:

22.1. You retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content you give Evolution Finance an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, adapt, make derivative works of, translate, store, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to Your Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights. You also irrevocably grant the users of the Services the right to access Your Content in connection with their use of the Services. This license is for the limited purpose of operating, promoting, and improving our Services, and to develop new ones and may be revoked for certain Services as defined in the Additional Terms of those Services. This license continues even if you stop using our Services (for example, for a business listing you have added).

22.2. You agree that this license includes a right for Evolution Finance to make Your Content available to other companies, organizations or individuals with whom Evolution Finance has relationships for the provision of syndicated services, and to use Your Content in connection with the provision of those services.

22.3. By submitting or sending Feedback to Evolution Finance or its licensors or partners, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense that Feedback.

22.4. You understand that Evolution Finance, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Evolution Finance to take these actions.

22.5. You confirm and warrant to Evolution Finance that you have all the rights, power and authority necessary to grant the above license.

23. Software Updates:

23.1. We are constantly changing and improving our Services. We may: (a) add or remove functionalities or features; (b) suspend or stop a Service altogether; or (c) terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.

23.2. The Software which you use may from time to time automatically download and install updates from Evolution Finance. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Evolution Finance to deliver these to you) as part of your use of the Services.

24. Receiving Your Credit Report:

24.1. Registering for WalletHub's credit report service and the other Services provided by Evolution Finance does not minimize or obstruct your right to receive free credit reports or to initiate a credit freeze, to which you are entitled by law. To find out more about free credit reports you are entitled to by law, visit the Consumer Financial Protection Bureau.

25. Credit Monitoring:

25.1. Credit Monitoring is provided by Evolution Finance. Credit Monitoring monitors your TransUnion credit file, which is maintained by TransUnion, LLC. Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit bureau's credit file of another person, and will not provide you with any information contained in another individual's credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file (s) with the credit files(s) of any other person.

25.2. The credit monitoring service provided by Evolution Finance is conditioned upon successful enrollment by TransUnion in its credit monitoring service. If TransUnion is not able to enroll you, you may still choose to view your credit report and score, if available, but you will not receive alerts or monitoring of changes to your TransUnion credit file.

25.3. When you register with Evolution Finance to receive your credit score and report, you consent to Evolution Finance enrolling you in our credit monitoring service of your TransUnion credit file.

26. Credit Lock Terms

26.1 The paid Services include both services that are available for free as well as a bundle of premium services made available as part of your subscription.

26.2 If your paid Services include Credit Lock, you may be able to lock your TransUnion Credit Report, which will lock certain third parties from looking at your TransUnion Credit Report.

26.3 You acknowledge that Credit Lock will only prevent delivery of your TransUnion Credit Report. It will not apply to your Equifax or Experian credit reports. Remember that while a credit lock prevents certain third-party access to your credit report, a third party may access a locked report in certain instances such as official government investigations, collection activities, activities of potential employers, insurance underwriting, claims administration and to send you pre-approved offers of credit. Finally, you will not be able to use Credit Lock if you have a security freeze on your TransUnion Credit Report.

26.4 If you cancel your paid Services that include any type of Credit Lock as a benefit, you will cease receiving Credit Lock upon expiration of your then-current subscription and your locked TransUnion credit report will be unlocked.

27. Identity Theft Insurance

27.1 If your paid Services includes Identity Theft Insurance;

27.1.1 For residents of states other than the State of New York, the expense reimbursement insurance benefit for members is underwritten by certain Underwriters at Lloyd's, under a master group policy issued in the name of Cyberscout Limited, Sontiq Inc. and all subsidiaries for the benefit of members. Claims will be reviewed by the insurer in accordance with the terms and conditions of the master group policy. A summary of the terms of coverage and other policy information is available here. The complete policy is available upon request by emailing our partner at [email protected].

27.1.2 For residents of the State of New York, the Master Policies of Personal Internet Identity Coverage have been issued to: TransUnion (the "Master Policy Holder"), under Policy Numbers: 16452600 respectively underwritten by insurance company subsidiaries or affiliates of American International Group, Inc. A summary of the terms of coverage and other policy information is available here. The complete policy is available upon request by emailing our partner at [email protected].

27.2 Evolution Finance has no responsibility with respect to the identity theft benefit as all claims are administered by the insurance carrier. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy applicable to the identity theft insurance plan. Coverage may not be available in all jurisdictions.

27.3 If you cancel or non-renew your Identity Theft Insurance, you will not receive coverage for any insured event occurring after the effective date and time of such expiration, cancelation or nonrenewal.

27.4 Restoration services are provided by Sontiq, Inc doing business through its CyberScout and IdentityForce brands.

28. Dark Web Monitoring

28.1 If your paid Services include Dark Web Monitoring or Enhanced Dark Web Monitoring, you attest that you will only use the Services for your own internal, non-commercial purpose for identity theft protection and that you will only monitor your own information. You further attest that you will not rent, lease, lend, sell, or sublicense the breached data exposed on third-party websites detected by the dark web monitoring tool ("Breached Data") or otherwise provide access to the Breached Data to any third party.

28.2 You acknowledge that Evolution Finance cannot guarantee that it will detect all possible instances of identity theft and/or potentially fraudulent, or otherwise improper or unnecessary, use or disclosure of your information. Evolution Finance also cannot guarantee the accuracy or completeness of the alerts provided. The third party databases monitored to enable these alerts are subject to change.

28.3 When using the Dark Web Monitoring or Enhanced Dark Web Monitoring, you may not undertake or accomplish any unlawful purpose. This includes, but is not limited to, impersonating, or acting in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation.

29. Ending Your Relationship with Evolution Finance:

29.1. You can stop using our Services at any time, although we'll be sorry to see you go. If you want to terminate your legal agreement with Evolution Finance, you may do so by: (a) notifying Evolution Finance at any time and (b) closing your account(s) for all of the Services which you use, where Evolution Finance has made this option available to you. Your notice should be sent, in writing, to Evolution Finance's address, which is listed at the beginning of these Terms.

29.2. If you close your account, Evolution Finance may continue to display Your Content at our sole discretion, including but not limited to where it implicates other users (for example, comments and reviews).

29.3. Evolution Finance may at any time terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); (b) Evolution Finance is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the partner with whom Evolution Finance offered the Services to you has terminated its relationship with Evolution Finance or ceased to offer the Services to you; (d) Evolution Finance is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or (e) the provision of the Services to you by Evolution Finance is, in Evolution Finance's opinion, no longer commercially viable.

29.4. In the event of any termination, whether by you or us, Sections 6, 17-18, 20-22, 29-33, and 35-36 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Sections 18 and 22. Any definitions contained herein will also continue in full force and effect in the event of any termination.

29.5. Nothing in this Section shall affect Evolution Finance's rights regarding provision of Services under Section 31 of the Terms.

29.6. When your relationship with Evolution Finance comes to an end, all of the legal rights, obligations and liabilities that you and Evolution Finance have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 29.4 shall continue to apply to such rights, obligations and liabilities indefinitely.

30. Indemnity:

30.1. You agree to defend, indemnify and hold harmless Evolution Finance, its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from any claim or demand, including any and all losses, liabilities, alleged and actual claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (a) your access to or use of the Services, including Your Content; (b) your violation or alleged violation of the Terms, including, without limitation, your violation or alleged violation of any applicable law; (c) any products or services purchased or obtained by you in connection with the Services or based on information provided on or through the Services; or (d) the infringement or alleged infringement by you, or any third party using your Account, of any laws and intellectual property or other rights of any person or entity. You shall not in any event settle any such claim or matter without the prior written consent of Evolution Finance. Evolution Finance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

30.2. The foregoing indemnity obligations will survive any termination of the Terms.

30.3. Evolution Finance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Evolution Finance. Evolution Finance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

31. DISCLAIMER OF WARRANTIES:

31.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 31 AND 33, SHALL EXCLUDE OR LIMIT EVOLUTION FINANCE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

31.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." EVOLUTION FINANCE AND/OR ITS PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR EVOLUTION FINANCE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EVOLUTION FINANCE RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVOLUTION FINANCE AND/OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN PARTICULAR, EVOLUTION FINANCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

31.3. EVOLUTION FINANCE MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, EVOLUTION FINANCE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.

31.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

31.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLUTION FINANCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

31.6. EVOLUTION FINANCE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON OR THROUGH THE SERVICES AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

31.7. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE AND, IF YOU HAVE REGISTERED FOR ANY SERVICES THAT REQUIRE REGISTRATION, TO TERMINATE YOUR ACCOUNT.

31.8. YOU ACKNOWLEDGE THAT EVOLUTION FINANCE IS SOLELY AN INTERMEDIARY BETWEEN: (a) YOU AND THE NATIONAL CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY FURNISHING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (b) YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. YOU ALSO ACKNOWLEDGE THAT, THE ANALYSES AND TOOLS AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, SAVINGS ESTIMATES AND APPROVAL ODDS, ARE BASED ON ASSUMPTIONS AND SUBJECT TO THE LIMITATIONS DISCLOSED WITH RESPECT TO EACH SUCH ANALYSIS OR TOOL. EVOLUTION FINANCE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, ANALYSIS OF RELATED INFORMATION, SAVINGS ESTIMATES, APPROVAL ODDS, OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH THE SERVICES OR THE CONTENT; THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS; OR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

31.9. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLUTION FINANCE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

31.10. IN NO EVENT WILL EVOLUTION FINANCE HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL EVOLUTION FINANCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).

31.11. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

31.12. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

31.13. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, EVOLUTION FINANCE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

32. Copyright Notice:

32.1. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Evolution Finance's designated Copyright Agent to receive notifications of claimed infringement can be reached at [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

33. LIMITATION OF LIABILITY:

33.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 31.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVOLUTION FINANCE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DISTRIBUTORS, VENDORS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY FOR: (a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF EVOLUTION FINANCE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION OR ADVERTISING FOUND ON OR THROUGH THE SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY COMPANY, INDIVIDUAL, ADVERTISER OR SPONSOR WHOSE PRODUCTS, SERVICES OR ADVERTISING APPEARS ON THE SERVICES; (ii) ANY CHANGES WHICH EVOLUTION FINANCE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (iv) YOUR FAILURE TO PROVIDE EVOLUTION FINANCE WITH ACCURATE ACCOUNT INFORMATION; OR (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

33.2. YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT EVOLUTION FINANCE SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR THE INADVERTENT DISCLOSURE OR TRANSMISSION OF INFORMATION ABOUT YOU BY A THIRD PARTY, EVEN IF THAT INFORMATION ABOUT YOU WAS SHARED BY EVOLUTION FINANCE WITH THAT THIRD PARTY PARTNER.

33.3. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EVOLUTION FINANCE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DISTRIBUTORS, VENDORS AND LICENSORS, TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

34. Terms Language:

34.1. Where Evolution Finance has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Evolution Finance.

34.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

35. Arbitration: Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

35.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Evolution Finance agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or these Terms and prior versions of this these Terms, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Evolution Finance may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Evolution Finance may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.

35.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Evolution Finance. If that occurs, Evolution Finance is committed to working with you to reach a reasonable resolution. You and Evolution Finance agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Evolution Finance therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Evolution Finance that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at 150 SE 2nd Ave, Suite 300, Miami, FL 33131 U.S.A.. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

35.3. Waiver of Jury Trial. YOU AND EVOLUTION FINANCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Evolution Finance are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 35.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

35.4. Waiver of Class and Other Non-Individualized Relief. YOU AND EVOLUTION FINANCE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 35.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 35.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Evolution Finance agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in courts located in Miami, FL. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Evolution Finance from participating in a class-wide settlement of claims.

35.5. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Evolution Finance agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Evolution Finance otherwise agree, or the Batch Arbitration process discussed in Section 35.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Evolution Finance agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

35.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 35.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

35.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 35.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 35.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 35.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 35.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 35.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

35.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Evolution Finance need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

35.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Evolution Finance agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Evolution Finance by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Evolution Finance.

You and Evolution Finance agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

35.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 150 SE 2nd Ave, Suite 300, Miami, FL 33131 U.S.A., within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

35.11. Invalidity, Expiration. Except as provided in Section 35.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Evolution Finance as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

35.12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Evolution Finance makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Evolution Finance at 150 SE 2nd Ave, Suite 300, Miami, FL 33131 U.S.A., your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Evolution Finance will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

36. General:

36.1. Except as expressly stated otherwise, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

36.2. All of our rights and obligations under the Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, by operation of law or otherwise. The Terms of Service or Privacy Policy of the acquirer may be different than Evolution Finance's Terms of Service & Privacy Policy, or the acquirer may choose to amend Evolution Finance's Terms of Service & Privacy Policy. You will be notified by email if, as a result of such acquisition, Evolution Finance's Terms of Service or Privacy Policy is materially changed or if the acquirer's Terms of Service or Privacy Policy is materially different than Evolution Finance's Terms of Service or Privacy Policy.

36.3. Sometimes when you use the Services, you may (as a result of or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

36.4. The section titles in the Terms are for convenience only and have no legal or contractual effect.

36.5. The Terms constitute the whole legal agreement between you and Evolution Finance and govern your use of the Services (excluding any services which Evolution Finance may provide to you under a separate written agreement), and completely replace any prior agreements between you and Evolution Finance in relation to the Services.

36.6. The Terms are not assignable, transferable or sub-licensable by you except with Evolution Finance's prior written consent, but may be assigned or transferred by us without restriction.

36.7. You agree that Evolution Finance may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.

36.8. You agree that if Evolution Finance does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Evolution Finance has the benefit of under any applicable law), this will not be taken to be a formal waiver of Evolution Finance's rights and that those rights or remedies will still be available to Evolution Finance.

36.9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that specific provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain enforceable in full force and effect. Should the meaning or effect of any other provisions be altered in any way by the removal or adjustment of the aforementioned provision, Evolution Finance retains the right to adjust or change it accordingly.

36.10. You acknowledge and agree that each member of the group of companies of which Evolution Finance is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

36.11. The Terms, and your relationship with Evolution Finance under the Terms, shall be governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without regard to its conflict of laws provisions.

36.12. If any action or proceeding (including arbitration) is commenced to enforce or interpret any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorneys' fees, expert witness fees, costs of suit and expenses, in addition to any other relief to which such prevailing party may be entitled. As used herein, "prevailing party" includes without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action.

36.13. Any section of the terms that by its nature is intended to survive termination of this Agreement or your use or access to the Services or the Content shall survive such termination.

36.14. The terms (including the Privacy Policy and any Additional Terms which are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between Evolution Finance and you, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Evolution Finance in connection with your use of the Services or the Content. The failure of Evolution Finance to enforce any of its rights or act with respect to a breach of the terms by you or others does not constitute a waiver of any such rights and will not limit Evolution Finance's rights with respect to such breach or any subsequent breaches. No waiver by Evolution Finance of any of the provisions in the terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Evolution Finance. Evolution Finance may assign its rights and duties under the terms to any party at any time without notice to you. You may not assign your rights hereunder, and any such assignment shall be void ab initio. If any provision of the terms is unlawful, void, or for any reason unenforceable under applicable law, then that provision will be deemed severable from the terms, as applicable, to the extent of such unenforceability and will not affect the validity and enforceability of any remaining provisions. The titles contained in the terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the terms will not be construed against Evolution Finance by virtue of having drafted them.

 

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.