The Active Consumer, LLC Fine Print

Terms of Service

PLEASE READ THIS POLICY CAREFULLY.

Welcome, and thank you for your interest in the mobile application Econus (collectively, the “App” or “Application”, “Mobile App” or “Mobile Application”) and our websites; theactiveconsumer.com and econusapp.com (the “Website” or the “Site”). The aforementioned Application and Website are owned and operated by The Active Consumer, LLC, a Utah Limited Liability Corporation (“The Active Consumer” , “Active Consumer” , “Econus” , “ECONUS” , the “Company” , “We” , “Us” , or “Our”) and together make up Our Services (“Service” or “Services”). Unless otherwise specified, all references to the Service include the Services available through the Econus App or Website, as well as any software that Econus provides to you that allows you to access the Services. The terms “You” , “Your” , or “User” refers to the User of the Service. The following Terms of Service are a legally binding contract between you and The Active Consumer regarding your use of the Service.

Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Service. Each time you access or use the Service, you, and if you are acting on behalf of a third party (a company, employer, organization, government, or other legal entity), such third party, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service. The Active Consumer may change this Agreement at any time by posting an updated Terms of Service on this Site. If any amendment to these Terms is unacceptable to you, you shall cease using our App or this Site. If you continue using the App or the Site, you will be conclusively deemed to have accepted the changes.

In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.

1. Description of Service

  1. For Allocation Recipients. The Active Consumer and Econus Services offer a platform to Non-profit organizations, Individuals, and Entities (“Allocation Recipients”) to post a fundraising campaign (“Campaign” , “Crowdfunding Campaign”) or create a customized set of Allocation Recipients based on data shared by our Bank Authorization and Data Collection Partner (“Preference Persona” , “Persona”) to the Econus platform to accept monetary donations (“Donations”) from donors (“Donors”).
  2. For Users. The Active Consumer and Econus Services provide an interactive platform that allows users to track virtual spare change that has been rounded up to the nearest dollar (“Round-Ups” , “Round-Up” , “Spare Change”) from the user’s debit or credit card transactions, to research Allocation Recipient’s Campaigns and Persona’s, and to designate Round-Ups as well as one-time and recurring donations (“Donations” , “Contributions”) to Allocation Recipients through our third party secure payment processor (described hereafter) outside of the Econus App, Website, or Service.
  3. Econus does not collect and aggregate your donations within our App. Your donation is collected, tracked, and executed through secure architectures, including third party architectures, that are completely removed from, and outside the control of the Econus App architecture.
  4. Donations to nonprofit organizations using the Econus Service are donated to a “Donor Advised Fund” (a pool of un-allocated funds. See Section 6 for additional information), and you, the donor, suggest which nonprofit organization(s) the Donor Advised Fund will distribute the monies to. The Donor Advised Fund, upon your direction, will distribute the donation according to your suggestion, unless it is unavoidably prevented from doing so. In the event that the Donor Advised Fund is unable to distribute the donation according to your direction, a commercially reasonable best effort will be made to distribute the donation instead to a similar organization.
  5. The Service includes (i) Econus systems, procedures, processes and technologies, and (ii) any hardware, software, applications, data, reports, and other content made available by or on behalf of The Active Consumer.
  6. The Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
  7. Any modifications and new features added to the Service are also subject to this agreement.
  8. The Active Consumer reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you, and without liability to you or any third party. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to The Active Consumer.

2. Eligibility for Our Service

The Active Consumer Services are intended for eligible users that are at least 18 years of age. Accordingly, you agree that you are at least 18 years of age and are fully able and competent to enter into a binding contract, including the terms, conditions, representations and warranties set forth in the Terms of Service, Privacy Policy, and Partner Terms.

3. Bank Authorization and Data Collection Through Plaid

By connecting your bank account and allowing financial data monitoring services, you acknowledge and accept that we will open an “Access API” account provided by Plaid Technologies, Inc. (“Plaid”) on your behalf, and that you accept the Plaid Privacy and Security Policies. Any data collected by Plaid as set out in the Plaid Privacy and Security Policies will be shared with Econus for the purpose of improving our Service and providing a high quality user experience. You authorize us to share your identity and account data with Plaid for the purposes of opening and supporting your Plaid account, and that you are responsible for the accuracy and completeness of that data. You understand that Econus will provide the interface through which you will access and manage your Plaid account that exists outside of the Econus Services, and that Plaid account notifications will be sent by Econus, not Plaid. We will provide customer support for your Plaid account activity, and can be reached at hello@theactiveconsumer.com.

4. Payment Gateway Through Stripe

Econus is not a payment processor and does not hold any funds. Instead, Econus uses Stripe, Inc. (“Stripe”), a third party payment processor to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to our Services, that we exchange information with Payment Processors in order to facilitate the provision of Services, and you accept the Stripe Services Agreement and Privacy Policy,.

5. Enrollment and Transaction Processing Fees

Subject to Econus’s discretion to waive fees as described in Section 5 (f) below, you acknowledge and agree that Econus may withdraw from your primary funding source the Subscription Fee and/or, if applicable, other fees associated with whichever of the following applies:

  1. $0/month tier: This tier allows users to create a free profile or a guest profile in order to make one-time donations or crowdfunding contributions. For guest profiles, any donation and/or contributions will not be tied to any personal information, and as such, will not be saved for the user’s future reference. Make My Donation (see section 6) will return to Econus 5% of the donation or contribution. In addition, user donations and contributions will be charged a 2.9% + $0.30 processing fee. 
  2. $1/month tier: This tier allows users to create a Preference Persona, Schedule and Manage their one-time and recurring donations, create and contribute to crowdfunding campaigns. Make My Donation (see section 6) will return to Econus 4% on any donation or contribution exceeding $15 for the month. In addition, donations will be charged a 0.8% processing fee for donations exceeding $15 for the month. A one-time setup fee of $1.50 will be charged on the date this subscription level was activated. 
  3. $3/month tier: This tier allows users to create a Preference Persona, Schedule and Manage their one-time and recurring donations, create and contribute to crowdfunding campaigns. Make My Donation (see section 6) will return to Econus 2.5% on any donation or contribution exceeding $50 for the month. In addition, users will be charged a 0.8% processing fee for donations or contributions exceeding $50 for the month. Users will get one crowdfunding credit every six months (valued at $2 per credit).
  4. Custom price tier: This tier allows users to create a Preference Persona, Schedule and Manage their one-time and recurring donations, create and contribute to crowdfunding campaigns. A minimum of $5 per month is required for this level. Make My Donation (see section 6) will return to Econus 1% on any donation or contribution exceeding $100 for the month. In addition, users will be charged a 0.8% processing fee for donations and contributions exceeding $100 for the month. Users will get one crowdfunding credit every three months (valued at $2 per credit), get six months free (per request) after their first year of consecutive time subscribed at this level, get one week as a ‘Featured Persona’, which is good for the first 52 subscribers only. They will be invited to our Facebook Group, mentioned on the Econus landing page, and mentioned on our social media platforms
  5. The normal way you will pay the Subscription Fee and additional Fees, specified in Section 5, is by a single recurring monthly ACH debit and electronic funds transfer that will deduct money from your primary Funding Source. If Econus is unable to collect your Subscription Fee via ACH payment from your primary Funding Source, you authorize Econus and/or its agents to collect your Subscription Fee by ACH payment from your secondary Funding Source, if any. You authorize Econus and/or its agents to initiate the recurring monthly debit from your primary and/or secondary Funding Source as described in Section 7 of the Terms of Service. If Econus is unable to collect your Subscription Fee via ACH payment from your secondary Funding Source, Econus may contact you to pay for any fees incurred. If the account balance is not made whole, Econus reserves the right to cease offering you Services under the Terms of Service and revoke your electronic authorization.
  6. The Subscription Fee is not negotiable. Econus reserves the right to waive or customize the Subscription Fee or any part of the Subscription Fee at any time, for any period, for any client at its sole and absolute discretion.
    1. Econus may, from time to time, elect to launch promotions or other initiatives whereby Subscription Fees may be waived, in whole or in part, for certain categories of client (such as, by way of example, students, clients below a certain age and/or military veterans). Any such initiative (i) may be expanded, narrowed, suspended, cancelled or modified at any time by Econus in its sole discretion, and (ii) will be subject to rules, guidelines and/or terms and conditions, if any, that Econus determines in its sole discretion to apply in connection therewith (which rules, guidelines and/or terms may be included in website landing pages, on the Econus Website generally and/or elsewhere). To the extent any such program or initiative is cancelled or terminated, Econus will, after giving impacted clients notice, begin charging clients the then-current Subscription Fees prospectively pursuant to the Pre Authorization of ACH Transactions as described in Section 7. You agree and acknowledge that Econus shall have sole discretion in determining whether or not any existing client or potential client meets the requirements to participate in and/or benefit from any such program or initiative, and Econus shall not be liable to you or any other party in connection with any such decision and/or in connection with the administration of any such program or initiative generally.

6. Donor Advised Fund Distribution

Econus has partnered with Make My Donation, Inc. (“MMD”), a 501(c)(3) Donor Advised Fund (DAF) with affirmative IRS determination (http://makemydonation.org/), and OrgHunter LLC (“OrgHunter”), a charity search engine company (http://www.orghunter.com/), to enable you to make Donations to Non-profit organizations, research nearby and categorically relevant Non-profit Organizations, create a Persona with a combination of your Bank Data and registered Non-profit organizations, and to ensure that any Donations you authorize go only to Internal Revenue Service-qualified charitable organizations. You can find MMD’s terms and conditions here, and their privacy policy here. Here’s how it works:

  1. Designating Donations for Charity. 
    1. You can authorize Econus to initiate transfer of Donations to Non-profit organizations by: (i) setting up one-time or recurring payments in the User profile, or (ii) by adding your authorized organization to the Dashboard of the App and confirming that Round-Up allocations will direct to the specified Allocation Recipient until you choose another Allocation Recipient or disable your Round-Up accumulations.
    2. Econus will transfer Donations designated for your selected charitable organization(s) in their entirety to MMD on a monthly basis, subject to Section 6, iii below, and MMD will be solely responsible for disbursing such Donations minus costs and fees (such resulting amounts “Net Donations,” described below) to charitable organization(s). Econus does not keep for itself any portion of any Allocation Distribution designated by you for charitable organization(s), and takes no further action with respect to such Allocation Distributions once they are transferred to MMD.
    3. Please note that as required by the Internal Revenue Service (“IRS”), MMD has exclusive control over all donations, and suggestions to MMD regarding charitable grants are advisory only. Therefore, you acknowledge and agree that (1) while MMD will endeavor to disburse Net Donations to your selected charitable organization(s), it may not be able to do so, for various reasons including without limitation: your selected charitable organization(s): (i) cannot or does not accept donations; (ii) are no longer recognized by the IRS as a public charity or have been disqualified by the IRS as a charitable organization, or (iii) are not in good standing with federal and state regulators, and (2) in the event that a suggested charitable organization does not satisfy MMD’s criteria for receiving a charitable grant or for other reasons, MMD may (in its sole discretion) substitute an alternate qualified charitable organization to receive Net Donations resulting from your Donations.
  2. Minimum Donations
    1. MMD has set a minimum amount for donations it will accept and disburse to a charitable organization (a “Minimum Disbursement Threshold”), and can either accept or refuse to accept Allocation Distributions below that amount in its sole discretion. This means that unless and until your Donation(s) total $2.00 USD for a given charitable organization, Econus may refrain from withdrawing those Donations from your Linked Bank Account and transferring them to MMD. In that event, Econus will continue to keep track of your Donations and make a single, cumulative transfer to MMD from your Linked Bank Account if and when those Donations total MMD’s Minimum Disbursement Threshold.
    2. If a specific charitable organization designated by you has its own minimum threshold for acceptance of donations, and your Donation(s) have been transferred to MMD but do not add up to such a minimum threshold in a given calendar month, MMD may, at its sole option, hold such Donations in reserve for a period of three (3) calendar months after they receive it (the “Reserve Period”). If, at the end of the Reserve Period, the aggregate Allocation Distributions to that same organization still do not exceed the applicable charitable organization’s minimum threshold, MMD may (in its sole discretion) substitute an alternate qualified charitable organization to receive your Net Contribution(s).
  3. Disbursement of Your Donations
    1. MMD will deduct from any Donation: (i) the costs it incurs from our Payment Processor in disbursing such Donations, (ii) a fee based upon your subscription level to be sent back to Econus (see Section 5), and (iii) a fee equal to three-and-a-half percent (3.5%) of your Donation net of costs before disbursing the remaining amount to a charitable organization, with the resulting amount constituting a “Net Donation”. MMD will disburse Net Donations to charitable organizations within ten (10) days of the close of the calendar month in which it receives such Net Donations, or as soon as reasonably possible thereafter.
    2. MMD serves as the recipient charity of record for any donation made through Econus. You will have the option of producing a Tax Exempt receipt from the Econus platform after Econus transfers your designated Donations to MMD.
    3. You may elect to stop Donating to Allocation Recipients at any time by “toggling off” your active Campaigns on the Dashboard, by deleting your Linked Bank Account in Settings, or by notifying us at hello@theactiveconsumer.com

7. Pre Authorization of ACH Transactions

  1. Automated Clearing House (ACH) Transactions. You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Source to Econus when requested in connection with the Service. You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions to make a Donation or pay any Fees may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Source without notice to you. You agree that Econus may request and may make ACH transfers for Withdrawals and Deposits solely by reference to the account number of the recipient.
  2. Recurring Transfers. You hereby authorize Econus to make recurring electronic debits and credits to your Funding Source as initiated by you for the amounts and frequencies you identify, and, if necessary, to correct erroneous debits and credits. Econus’ authorization to initiate debit and credit entries to your Funding Source will remain in full force and effect until you notify the Econus that you wish to revoke this authorization by making such changes in the Application, or by emailing hello@theactiveconsumer.com. You must notify Econus at least three (3) business days before the scheduled debit date in order to cancel this authorization. If Econus does not receive notice at least three (3) business days before the scheduled debit date, Econus may attempt, in their sole discretion, to cancel the debit transaction. However, the Econus assumes no responsibility for failure to do so. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
  3. In accordance with the Agreement, you represent that the transfers you hereby authorize comply with applicable law. Econus reserves the right to delay or prevent transfers of funds in accordance with applicable laws.

8. Refunds

Econus does not have control over any donated funds and is unable to issue a refund for any donations once they have been processed.

9. Your Access and Use of our Services

  1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the Terms of Service of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the Terms of Service of this agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in the loss of the right to access and use our Services.
  2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other additional functionality of the Services shall be subject to these Terms.
  3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  4. Except as expressly permitted in this Agreement, you shall not collect or harvest any Personally Identifiable Information, including account names, from our Services.
  5. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. You further agree that Econus shall not, under any circumstances, be liable in any way for any User Content.
  6. You understand that Econus may issue upgraded versions of any mobile App and you consent to receiving automatic updates on your device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
  7. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
  8. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Services.

10. Accounts and Registration

  1. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself including, without limitation, your name, profile photograph, date of birth, email address, social security number, other taxpayer identification number, physical address, phone number, information about your charitable giving or charity preferences, newsletter preference or other Personal information. Some of this information may be of a confidential nature and may include Personally Identifiable Information (all “Your Information”).
  2. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
  3. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy.

11. Account Management

  1. Keep Your Password Secure. If you have been issued an account by Econus in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Econus, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Econus immediately at hello@theactiveconsumer.com.
  2. Keep Your Details Accurate. Econus may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.

12. Privacy and Your Personal Information

For information about the Econus data protection practices and privacy policies, please read our Privacy Policy. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with The Active Consumer Privacy Policy.

13. User Directed Information Sharing Options

  1. At the time of your registration for an account with Econus, you may be presented with the optional ability to have Your Information shared with the Allocation Recipients selected for Donations, or alternatively with all the organizations available on Econus. Your acceptance of this optional sharing feature at the time of registration does thereby authorize Econus the right and authority to share Your Information in the manner you have elected.
  2. We may allow access to data collected by us to enable the delivery of Non-profit online advertising in our Service or on other websites and online services.
  3. You may change your user directed sharing options by accessing your account and changing your preferences.

14. Information Accuracy

  1. We make no representation as to the completeness, accuracy, or currency of any information on the Service or other content available on this Site or App.
  2. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and Econus disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.

15. Proprietary Rights

As between Econus and you, Econus or its licensors own and reserve all right, title, and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Econus.

16. Intellectual Property Rights

  1. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), are owned by The Active Consumer. You may not use the Proprietary Marks without prior written permission.
  2. We make no proprietary claim to any third party names, trademarks or service marks appearing on our Services. Any third party names, trademarks, and service marks are property of their respective owners.
  3. The information, descriptions, advice, data, software and content viewable on, contained in, or downloaded from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, descriptions, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
  4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
  5. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
  6. You are solely responsible for any damages resulting from your infringement of our, or any third parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the Terms of this Agreement.
  7. The Active Consumer respects copyright and other intellectual property rights and expects all Site and App users to do the same. If you are a copyright holder, or its agent, and believe that any copyrighted material on the Site or App infringes your copyrighted work, please email us at hello@theactiveconsumer.com. When providing this notice, please include as much detail as possible. The Active Consumer will work to identify the allegedly infringing material and, if necessary, will take reasonable steps to remove or disable access to such material. Please note that The Active Consumer may provide the rights owner’s name, your email address, and the details of your report to the person who posted the reported material.

17. Use of Our Content

  1. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
  2. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content to the Collective Work to another person or entity.

18. User Content Rights and Related Responsibilities; License

Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree to the following:

  1. “User Content” means, without limitation, any messages, texts, reviews, digital files, images, photos, artwork, videos, audio, comments, feedback, suggestions, reviews and documents, or other content you upload, transmit or otherwise make available to Econus and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify Econus and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
  2. By submitting User Content on or through the Service, you grant Econus a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content without your attribution, and without the requirement of any permission from or payment to commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised, and to prepare derivative works or, or incorporate into other works, such User Content.
  3. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store, and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
  4. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
  5. Econus expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
  6. You are solely responsible for User Content, including without limitation, reviews, comments, feedback, and any damages suffered by Econus resulting therefrom.
  7. Econus may remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
  8. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
  9. User Content is not considered to be confidential. You agree not to submit User Content in which you have no expectation of privacy.
  10. Econus has no control over User Content once posted, and it is possible that visitors to the App or Site may copy User Content and repost it elsewhere.
  11. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
    1. Impersonate any person or entity.
    2. Stalk, harass, defame, abuse, bully, threaten, or otherwise violate the legal rights of others.
    3. Advocate for or harass or intimidate another person.
    4. Promote information that is false or misleading.
    5. Promote illegal activities or conduct that is defamatory, libelous, or otherwise objectionable.
    6. Promote violence, racism, bigotry, hatred, or physical harm of any kind against any group or individual.
    7. Transmit anything that exploits children or minors or that depicts cruelty to animals.
    8. Solicit personal information from anyone under the age of 18.
    9. Use the Service in an illegal manner or to commit an illegal act.
    10. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
    11. Transmit any content that contains video, audio, or images of another person without their permission or that of their legal guardian.
    12. Promote material that exploits people in a sexual, pornographic, or violent manner.
    13. Provide instructional information about illegal activities.
    14. Infringe upon someone else’s trademark, copyright or other intellectual property of other rights.
    15. Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising and business offers except through a users personal profile.

19. Software

  1. If you receive software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the software.
  2. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Econus, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
  3. We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the software.
  4. Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.
  5. The software is subject to applicable United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without United States government permission to anyone on United States government exclusion lists. You represent and warrant that you’re not on any of those lists or under the control of, or an agent for, anyone on those lists.

20. Suspension and Termination of Services

  1. We reserve the right to modify, suspend or terminate the Service, any user account of your access to the Service for any reason, without notice, at any time, and without liability to you.
  2. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately terminate.
  3. We reserve the right to refuse access to the Service to anyone for any reason at any time.

21. Interruption of Service

  1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
  2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

22. Third Party Links, Services and Content

  1. The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms and Privacy Policy and you release us from any liability.
  2. You acknowledge that we are not responsible for such third party content or services and that we are not an agent of any third party, nor are we a direct party in any such transaction with a third party. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Should you have any problems, resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third party services, we will not be responsible unless the problem was the direct result of our actions.

23. Electronic Communications

  1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
  2. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

24. Electronic Transactions

  1. Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
  2. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notice of cancellation, policies, contracts, and applications.
  3. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

25. Third Party Social Networking

If you access our Services through a third party social networking site or application including, but not limited to, Facebook, LinkedIn, Twitter, you authorize Econus to access certain information about you that is made available through that third party social networking site and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.

26. Mobile Application from App Store by Apple

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

  1. You acknowledge and agree that (i) the Terms are concluded between you and Econus only, and not Apple, and (ii) Econus, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sources Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apply, and Apple will refund the purchase price for the 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 App Store Sourced Application. As between Econus 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 Econus.
  4. You and Econus acknowledge that, as between Econus and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and Econus acknowledge that, in the event of any third party claim that the App Store Sourced Application infringes that third party’s intellectual property rights, as between Econus and Apple, Econus, 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 the Terms.
  6. You and Econus acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  7. Without limiting any other Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

27. Security

Violating the security of our App, Site and Services is prohibited and may result in criminal and civil liability. Econus may investigate incidents involving such violations and may involve, and cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

28. Copyright and Intellectual Property Policy

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work that you claim has been infringed.
  3. Identification of the material that is claimed to be infringing and where it is located on the Service.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
  5. 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 law.
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.

The above information must be submitted to Econus at hello@theactiveconsumer.com

29. Disclaimers; No Warranties

  1. ALL PRODUCTS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. ECONUS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICES, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “ECONUS PARTIES”) DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY OF ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED OR PURCHASED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.
  3. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE PRODUCTS, INFORMATION AND SERVICES ON THIS SITE OR APP, INCLUDING THE FEES, PRICES, AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
  4. THE ECONUS PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR OTHER CONTENT OFFERED AS A PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
  5. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY OTHER DEVICE YOU ACCESS OUR SERVICE FROM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
  6. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PARTY THEREOF AT ANY TIME.
  7. THE ECONUS PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
  8. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

30. Limitations Of Liability

  1. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS OF SERVICE OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR PARTNERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
  3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
  4. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TRANSACTION PROCESSING FEES ACTUALLY PAID BY USER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
  5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

31. Indemnity

  1. You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless The Active Consumer and Econus and it’s officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

32. Release

  1. By using the Services, you release, to the maximum extent allowed by law, The Active Consumer and Econus, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any death or serious emotional or serious physical harm.
  2. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

33. Our Remedies

  1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
  2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of the record of the State of Utah, or a United States District Court for the State of Utah. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.

34. Dispute Resolution

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.

For any dispute you have with The Active Consumer or Econus, you agree to first contact us at hello@theactiveconsumer.com and attempt to resolve the dispute with us informally. If Econus or The Active Consumer have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:

  1. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
  2. Applicable Law. You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
  3. Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services delivered, sold, offered, or purchased through or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
  4. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
  5. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the Terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any party of the Agreement to Arbitration or this Agreement is void or voidable. The arbitration will be held by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgement on the award rendered by the arbitrator may not be entered in any court having jurisdiction thereof.
  6. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court location in the State of Utah. You and we agree to submit to the personal jurisdiction of the courts located within Utah for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Utah; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Utah.

35. Law Enforcement

  1. The Active Consumer and Econus are committed to cooperating with law enforcement while respecting each individual’s right to privacy. If The Active Consumer or Econus receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
  2. Furthermore, under 18 U.S. Code § 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), The Active Consumer and Econus may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. The Active Consumer and Econus will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

36. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice or liability to you. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that may or may not have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Miscellaneous

37. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

38. No Waiver


Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right of provision unless acknowledged and agreed to by us in writing.

39. Survival

All covenants, agreements, representations, and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

40. Statutory Rights; Notice To California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

41. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between You and Us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at hello@theactiveconsumer.com

Last Updated: January 29, 2021