Figure Pay Account Agreement

Last Updated: August 8, 2024

Figure Pay USD Account Services

Use of USD in Connection with Figure Markets Services is available to U.S. Users Only.

This document outlines the Figure Payments Corporation Account Agreement (the “Agreement”) governing U.S. users who choose to utilize any Figure Markets services (“Services”) that relate to U.S. dollars (“USD”). Transactions and related services that involve USD are provided through Figure Payments Corporation, Inc. (“Figure Pay”). Figure Markets may also use one or more third-party payment processors to process any US dollar (USD) transactions between you and Figure Markets.

The terms “Customer,” “Account Owner,” “Owner,” “you” or “your” refer to the owner of the Account (i.e., the person or entity who owns the funds deposited into account, which must match the legal name that the account was opened under and the name that is titled on any linked external third-party bank accounts). These terms apply to any authorized user by the Account Owner that has been established and approved upon account opening.

General Terms.

Figure Payments Corporation (“Figure Pay” or “Figure”) provides certain USD services to eligible users. Figure Pay is not a bank, nor are any of its affiliates. Figure Pay is a licensed money transmitter that provides USD-related services in connection with your account pursuant to applicable state-issued money transmitter licenses. Your Account is a stored value account provided in connection with your use of Figure Markets’s services. Figure Pay holds your USD Account funds as your agent, on the Owner’s behalf, and the Owner is the ultimate beneficial owner of the funds in your account. Figure deposits customer fiat into one or more FDIC-insured omnibus accounts held for the benefit of our customers at state or federally chartered banks, including Lead Bank, a state-chartered bank with its main office located in Missouri (“Lead Bank” or “Bank”) and a member of the Federal Deposit Insurance Corporation (“FDIC”).

USD balances of Account Owners are held at an FDIC-insured bank and Owners are eligible for FDIC “pass-through” coverage up to the applicable FDIC limits in place.

Unless explicitly provided otherwise, you will not receive any interest or other return on funds held in these custodial accounts and you agree that any interest or other return earned on funds in any omnibus custodial account, and Figure Pay may be compensated for placing your funds in a custodial account with the Bank. If at any time you become a resident of a restricted jurisdiction, Figure may, in its sole discretion, suspend or close your Account.

Your use of USD-related services in your account is governed by this agreement and all applicable user agreements.

(a) Eligibility: Use of USD in Connection with Figure Markets Services is available to U.S. Users only and only users residing in eligible states. For residents of New York and international users**: **we are working hard on offering our fiat services to all users regardless of location, but at this time we do not provide such services to international users and users residing in New York. If at any time you become a resident of a state other than those mentioned above, then the provisions of this Agreement for residents of those states will apply to you.

(b) Consent to the Terms of this Agreement. By accessing the Services, you are agreeing to the terms and conditions of this Agreement. You further agree to pay any fees or balances due associated with the Account, including giving us the right to collect such fees directly from the balance of the Account. You are responsible for the accuracy and completeness of all information supplied to us in connection with the Account or other services provided by us, and must update that information promptly if it changes.

(c) Modifications. We may amend or change the terms and conditions of this Agreement at any time by providing notice to you or posting the amended documents (including this Agreement) on our website. We will provide reasonable notice, when practicable, in writing or by any method permitted by law of an adverse change to this Agreement. When we change this Agreement, the updated version of this Agreement supersedes all prior versions and governs the Account. Your continued access, maintenance, or use of the Account after any change, will be deemed acceptance of any change and you will be bound by it. If you do not agree with changes to the Agreement, you must discontinue using our services, and you may close the Account pursuant to the below procedures.

(d) Closing the Account. To close the Account, you may email us at support@figuremarkets.com or call us at 888-851-4883. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. If your Account is closed, terminated or canceled for any reason, we may return any remaining balance to you by, at our option: (1) mailing a physical check via first-class mail to the mailing address for you in our records, (2) via the automated clearing house (ACH) to the bank account last linked to your Account, or (3) any other reasonable method. For security purposes, you may be required to supply identification and address verification documentation prior to the issuance of a refund check or payment of a refund by other methods. We reserve the right to refuse to process any transaction(s) that we believe may violate the terms of this Agreement, any other applicable user agreement, or applicable law. We may automatically close your Account if the account balance is zero or lower. We may terminate your relationship with us at any time, with or without cause, with or without prior notice. If your Account is closed or terminated for any reason by us, you may not be able to open another Account.

(e) Business Days. Our business days are Monday through Friday, excluding federal holidays and days that banking institutions in your state of residence are authorized or required by law or other government action to be closed. Any references to “days'' found in this Agreement are calendar days unless indicated otherwise.

Account Basics.

(a) Account Eligibility. To open and maintain an Account, you must consent to electronic communications and agree to receive any communications from us (including communications that we may be legally required to provide) in electronic form, rather than paper statements. Accordingly, (i) you must keep us up-to-date with your valid email address and phone number; and (ii) you must agree to accept electronic delivery of all account communications (which can include periodic electronic statements as well as year-end tax forms).

By using the services provided by us described herein, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you have provided us with a verifiable street address (not a P.O. Box) where you reside; (iv) the personal information that you provide to us in connection with the Account is true, correct and complete; and (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms.

(b) Opening an Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an Account. When you apply for an Account, we will ask for your name, address, date of birth, social security number, phone number and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

If we are not able to validate the identity or authenticity of the Account Owner, the Account may not be opened. We reserve the right to refuse to open an Account, for any reason, at our sole discretion. We may also limit the number of Accounts that you have at our sole discretion.

We may use information from, and share information with, third parties to help us determine if we should open an Account.

General Account Information.

Your Account offers a variety of services related to your use of USD in connection with our services, including onboarding and offboarding from and to your own bank account.

(a) USD Wallet. Your USD wallet allows you to hold and transfer USD with your Figure Markets Account. To the extent your USD is held in cash, the balance of your USD Wallet is maintained in an omnibus custodial account at one or more banks insured by the FDIC.

(b) Privacy Policy. Figure Markets’s privacy policy is available here.

General Rules Governing Accounts. The Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement without your permission. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of California except to the extent governed by federal law.

(a) Adding Funds to the Account. You may add funds to your Account using any of these methods:

Transaction Type

Frequency and/or Dollar Limit

ACH Transfers to the Account

$25,000 within a 24-hour period

Wire transfers to the Account

No limits subject to your external bank’s rules

No maximum dollar limit

Transaction processing may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our services, unforeseen circumstances, or outages. To the extent possible, we will provide reasonable notice if your access to a feature changes or will no longer be available to you.

(b) No Cash, Paper Checks, or Foreign Currency. We expressly disclaim any liability for lost or misdirected items (including cash, paper checks, and foreign currency) that you mail to us or that we attempt to return to you. We are not liable for any funds, including cash or paper checks that may become lost in the mail, lost in transit, not received by us, or not received by you.

(i) Cash – We do not accept account funding using cash. If you mail us cash, it will not be credited to a any user’s Account, and the transaction may result in a total loss of funds to the sender,

(ii) Paper Checks – We do not accept account funding via personal checks, cashier’s checks, and money orders, sent by mail. Mailed checks and money orders will not be credited to any user’s Account and may result in total loss of funds for the sender, although we reserve the right to apply a check towards any negative balance in your Account at our sole discretion.

(iii) Foreign Currency – For U.S. customers of Figure Pay, we only accept funds denominated as U.S. Dollars and do not accept funds denominated in any centralized foreign currency. Any funds received in foreign currency, cash, or check will not be credited to a user’s Account, and the transaction may result in a total loss of funds to the sender.

(c) Preauthorized Transfers. ACH transfers will be processed under the Operating Rules of the National Automated Clearing House Association (“NACHA”) and you agree to comply with the NACHA rules. Detailed information regarding preauthorized transfers is available in Section E, “Electronic Fund Transfer Act Disclosures.”

The recipient’s name on any direct deposit(s) received must match the name of the Account Owner. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator.

(d) Issues That Could Occur With Adding Funds. If funds are added or transferred into your Account in error, by mistake or otherwise, you consent to us acting to correct the situation by deducting the amount of the added funds from your Account without prior notice to you. If you withdraw such funds prior to our action, and there are not enough funds in your Account at that time, your Account could become overdrawn in violation of our terms of service.

(e) No Overdrafts. You are not permitted to overdraw your Account. If the available balance in your Account ever becomes insufficient to cover any payment or withdrawal you have authorized, we may refuse to process any subsequent transactions you initiate on your Account. If your Account balance becomes negative for any reason, you agree to immediately add funds to cover the negative balance. If your Account has a negative balance for five (5) calendar days or more, we reserve the right to use any funds or digital assets held or deposited to your Account, to set off any amount that you owe us.

Legal Processes Affecting Accounts.

In the event we are served with a garnishment, levy or similar legal process issued by a court or governmental agency, we may be required to place a hold on funds in your Account or to pay funds in your Account to a person or party as instructed by a sufficiently complete legal request. In any such event, we will have no liability if we fail to provide you with notice of such legal process or its requirements. Your Account may be debited for a service fee in connection with our handling of the legal process.

We also may be required by a court or governmental agency to provide information about the account(s) you maintain with us or about your relationship with us, which may also cause you to incur a service fee, if legally authorized.

(a) Account Holds, Suspensions, and Closures. Without limiting any other right or remedy that we may have under this Agreement or otherwise, we may suspend or close your Account for any reason with or without notice if we, at any time, believe a user is using the Account for fraudulent or illegal purposes, is violating any of our applicable terms of service, or such user otherwise presents an undue risk to us as determined in our sole discretion. Under no circumstances, are we required to provide you with the basis of our decision. Such reasons include, but are not limited to:

Your use of the Account conflicts with any federal, state or local law, rule or regulation, including federal foreign asset control and sanction rules and anti-money-laundering rules, or with our terms and policies governing our services.
We receive a court order or other legal request to suspend or close your Account.
Your non-fraudulent actions nonetheless violate any part of this Agreement.
We have reason to believe there has been or may be an unauthorized use of your Account.
We are unable to verify your identity or authority to use the service to our satisfaction.
Your Account is not in good standing.
We believe that your use of the service could expose us to increased risk.

If our monitoring of the Account detects any such activity, the Account funds may be subject to a hold pending review of the activity by us. We may require you and other parties to produce documents and/or other materials to remove any hold and restore services to you. Funds in any Account are subject to hold at our discretion for any legal reason, including until the source of such funds and/or the activity is properly verified. You understand and agree that such action is reasonable for us to take in order to comply with our legal obligations and to prevent us from incurring loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Account, with or without restrictions.

Limits on Your Account and Obtaining Information.

(a) Balance Limits. There is no minimum or maximum amount of money you can hold in your Account.

(b) External Transfers. You may transfer Account fiat balances to your externally linked bank up to to the daily dollar limit in place for your account. By default, most users will have a daily withdrawal limit of $25,000. If you would like to request a higher limit, you may contact support@figuremarkets.com. In our sole discretion, we may adjust your maximum withdrawal limits following receipt of a request from the Owner or an authorized user, or based on our independent review of your Account.

External Transfers to a bank account at a U.S. financial institution linked to your Account
ACH Withdrawal Limits	$25,000 per day (aggregate withdrawal limit) or your available balance within a 24-hour period
Wire Withdrawal Limits	$25,000 per day (aggregate withdrawal limit) or your available balance within a 24-hour period

(c) Other Limits. You agree not to use your Account for any unlawful purpose. We may, in our sole discretion, close your Account if we determine that it is being used for an unlawful purpose. We may revoke or suspend your Account privileges or cancel your Account with or without cause or notice, other than as required by applicable law.

(d) Statements and Obtaining Account Information. You may obtain information about your Account balance by calling 1-888-851-4883 . This information, along with your history of account transactions, may also be available online.

You may also have the right to obtain up to 24 months of written history of account transactions by calling us at 1-888-851-4883, sending us an email at support@figuremarkets.com, or by writing to us at Figure Pay Customer Service, PO Box 40534, Reno, NV 89504.

Electronic statements are available to view and print online.

Transfer Services.

(a) ACH Transfers. Although we may use any means to execute your instructions, we normally use the automated clearing house (ACH) to transfer funds. You can transfer money from a bank account at a U.S. financial institution to your Account or transfer money from your Account to a bank account at a U.S. financial institution that is linked to your Account and has been authenticated by you and verified by us.

(b) Account Verification. We may verify your ownership of accounts at a U.S. financial institution from time to time by (a) accessing your account information at the other institution and/or (b) asking you to provide proof of ownership.

If you have not previously signed up to conduct money transfers, we may verify your ownership of an account through a third party platform. You agree that you are providing that information to us and to the vendor directly so that they and we can access information about your other account online. The vendor’s use of your information is subject to their privacy policy. You represent to us that: (a) the financial institutions you designate have expressly agreed to (or do not prohibit) those actions by us; (b) you have the authority to grant us the right to conduct those activities; (c) you are authorized to conduct transfers to and from the accounts you designate for the transfer; (d) the information you provide to us regarding your accounts at other institutions is accurate and complete; (e) you are an owner or authorized signatory on such accounts, and the account is titled in the same name as your Figure Pay account; and (f) no other person’s authorization is required for us to process your requested transfers.

Other institutions that you choose to transfer money to or from may contact us to verify information about an account or transaction. You agree that we may provide any information needed to verify your instructions or otherwise process a transfer.

Not all types of accounts are eligible for the transfers. You may confirm any restrictions with your financial institution (e.g., 401k, IRA, savings and money market accounts). We are not responsible for any costs, including fees, or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your account or those imposed by applicable law.

(c) External Transfers from your Account. You may transfer funds from your Account to a bank account that you maintain with a U.S. financial institution that is linked to your Account and that we have approved. We will only process transfers to your linked bank account if there are enough funds in your account and such funds are not subject to any hold or other restriction.

Although we may use any means to execute your instructions, we normally use the automated clearing house (ACH) to transfer funds. We will remove the funds from your Account when you complete a transfer request through our platform . It may take up to five (5) business days before the funds are credited to your other designated account.

The cutoff time for submitting transfer instructions is 5:00 p.m. (Eastern Time). Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a weekend or bank holiday will be processed on the next business day.

(d) External Transfers to your Account. You may transfer funds from an approved linked bank account that you maintain with a U.S. financial institution to your Account (if your bank permits these kinds of transfers). When you initiate a transfer from your bank, you authorize us to withdraw the funds from your other account. You agree that you will have sufficient funds in your other designated account to cover all transfers to your Account that you set up.

As with transfers to external accounts linked to your Account, you acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are credited to your Account. Although we may use any means to execute your instructions, we normally use the automated clearing house (ACH) to transfer funds. Funds transferred to your Account using the automated clearing house (ACH) will be available to you no later than five (5) business days after you make the transfer.

(e) Declined and Reversed Transactions. We may decline to complete any funds transfer for any legal reason including if: (a) we believe the transaction may involve or result in a violation of law, any liability or a risk of loss; (b) we are unable to authenticate either your Account or your linked bank account; (c) there are insufficient available funds for the transfer; (d) your transfer instruction is unclear, ambiguous, or incomplete; (e) we identify a security risk involving the transaction; (f) we have reason to believe there has been or may be an unauthorized use of your Account; (g) we are unable to verify your identity or authority to use our funds transfer services to our satisfaction; (h) your Account is not in good standing; or (i) we believe in our sole discretion that your use of our funds transfer services could expose us to increased risk; or (j) as otherwise stated in these terms. If we have begun a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to the other designated account.

In addition to the limits disclosed above, transfers may be reviewed for fraud and security reasons. You agree that we will not be responsible for any losses or damages that may result from our delay or cancellation of a transfer, or for any failure to notify you of such delay or cancellation.

You authorize us to return funds to the other bank account if we are advised by the financial institution or the company processing the transfer that the transfer was not authorized by you, was made to your Account in error, or that there were insufficient available funds in the other account for the transaction.

(f) Indemnification/Limited Liability. Unless prohibited by law, you will reimburse us (including our affiliates) and/or our agents for any losses, liabilities, and expenses (including attorneys’ reasonable fees) that we may incur in connection with your Account, except to the extent that our gross negligence or misconduct caused the losses. We are not liable for special, indirect, or consequential damages, even if previously advised of the possibility of such damages. We cannot guarantee the timely delivery or return of funds as a result of a failure of a financial institution to act in a timely manner.

(g) Suspension and Reinstatement of Funds Transfer Services. In the event that we at any time incur a problem with your use of our money transfer services, including without limitation:

we believe it may involve or result in a violation of law or expose us to liability or risk of loss
the inability to debit any of your account(s) or to collect with respect to any of your bank transfers as described above,
if you breach this or any other agreement with us,
we have reason to believe there has been or may be an unauthorized use of your Account,
we are unable to verify your identity or authority to use the service to our satisfaction,
your Account is not in good standing,
we believe that your use of the service could expose us to increased risk, or
for any other reason in our sole discretion.

Without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate your right to use the service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of any of our funds transfer services.

(h) In Case of Errors or Questions About Your Transactions. Telephone us at 888-851-4883, send us an email at support@figuremarkets.com, or write to us at Figure Pay Customer Service, PO Box 40534, Reno, NV 89504 as soon as you can, if you think an error has occurred in your Account. You may request a written history of your transactions at any time by calling or writing us at the number or address above. You will need to tell us:

Your name and Account number.
Why you believe there is an error, and the dollar amount involved.
Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within a reasonable amount of business days after we hear from you and we will resolve any error promptly. If we need more time, however, we will notify you. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account.

We will tell you the results within a reasonable number of business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

If you need more information about our error-resolution procedures, call us at the telephone number shown above or send us an email at the email address shown above.

Fees. You agree to pay any fees that apply to your Account. Fees may be deducted or set off from your Account balance without prior notice to you.
General Funds Availability.

(a) Initial Funding. You may initially fund your account by transferring funds from a third-party bank account that you maintain with a U.S. financial institution to your Account (if your other financial institution permits these kinds of transfers).

(b) Subsequent Funding. You may subsequently add funds to your Account by transferring funds from a bank account that you maintain with a U.S. financial institution (if your other financial institution permits these kinds of transfers). We may offer you additional ways to add money to your Account from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you.

(c) Limits. We may refuse to accept funds or a transfer to an account, limit its size, or return all or part of it to you or the sender. We reserve the right to limit the amount of funds that may be maintained in your Account. You will not be able to add money to your Account if the added funds will cause you to exceed the maximum allowed account balance, if any.

Additional Terms and Conditions.

(a) Adjustments. We may make adjustments to your Account whenever a correction or change is required. Adjustments might occur, for example, if transfers are recorded or keyed in the wrong amount or items you submit to be added to your Account are returned unpaid.

(b) Account Contact Information Changes. You agree to notify us immediately in writing of any change in your name, address, email address or other contact information associated with your Account. By updating such information on the App, you satisfy these notification obligations. We may rely on our account records to determine the ownership of your Account.

(c) Compliance. You agree not to violate the laws of the U.S., including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your Account or any Account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

(d) Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an Account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person’s authority to give us instructions, we are requested or directed by any state or local agency to freeze the account or reject a transaction or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (1) freeze the account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the Account and its funds; (2) refuse transactions; (3) require the signatures of all authorized signers for the withdrawal of funds, the closing of an Account, or any change in the Account regardless of the number of authorized signers on the Account; (4) request instructions from a court of competent jurisdiction at your expense regarding the Account or transaction; and/or (5) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction.

(e) Cutoff Hours. Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.

(f) Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the Account. We also may freeze, offset, refuse and/or reverse funds or transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an Account Owner dies or is adjudicated incompetent. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an Account Owner, we may freeze all or part of the Account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.

Deposit Insurance.

USD funds that you deposit to your Account and hold in your Account are held by us on your behalf at one or more FDIC-insured banks. Neither Figure Pay, nor its affiliates is a bank. While Figure Pay does not provide banking services to you, it holds your USD balances in one or more FDIC-insured banks, including Lead Bank. Deposit insurance is available for funds held in Accounts that are deposited at Lead Bank or another FDIC-insured bank up to the applicable FDIC limits (currently, $250,000 per depositor) on a pass-through basis.

Deposit insurance protects you against the risk that Lead Bank, or another bank in which customer account funds are held, fails or is placed in receivership. If you have multiple accounts with Lead Bank, directly or through other programs, the account balances will be aggregated for purposes of applying the insurance limit. Your total coverage for all accounts with Lead Bank will be the FDIC insurance limit, no matter how many separate accounts you have with the bank. Figure Pay and its affiliates are not insured by the FDIC and FDIC deposit insurance does not protect you against the risk of Figure’s insolvency or failure. Your digital asset balances are not covered by FDIC insurance.

For more specific and detailed information pertaining to your FDIC insurance coverage, you should visit the FDIC web site at www.fdic.gov. This website has many helpful tools including deposit insurance brochures titled “Your Insured Deposits” and “Deposit Insurance at a Glance,” and an online Electronic Deposit Insurance Estimator. You may also contact the Federal Deposit Insurance Corporation by mail at Deposit Insurance Outreach, Division of Depositor and Consumer Protection, 550 17th Street N.W., Washington, D.C. 20429, or by telephone at 1-877-ASK-FDIC (1-877-275-3342).

Force Majeure. We are not responsible for any loss to you caused by an event that is beyond our control including, but not limited to, natural disasters, wars, insurrection, terrorist acts or threats, riots, strikes, computer failure, fire, loss of power, pandemic, communication or transportation facilities, action or inaction of any governmental authority, or for delays or other failures of the U.S. Mail service, Fedwire, or the failure of any other provider of funds transfer or item processing services.
Other Agreements. You may have another agreement with us which, by its terms, supersedes this Agreement in whole or in part. For example, certain provisions of your other agreements with us (e.g., involving our online services) may supersede some of the terms of this Agreement, to the extent that they are inconsistent.
Powers of Attorney. We are not required to recognize any power of attorney to act on an Account. We generally require that powers of attorney meet certain requirements under applicable State law before they will be recognized by us, including that the power be of a type that is recognized as “durable.” We may require the attorney-in-fact to present the original power of attorney before he or she may conduct any transaction involving the Account. We may require the attorney-in-fact to sign an affidavit regarding the attorney-in-fact’s right to act under the power. If we accept a power of attorney, we may continue to recognize the authority of the attorney-in-fact until we receive written notice of revocation or termination of the power of attorney and have had a reasonable time to act upon the notice. We reserve the right to restrict the types or amounts of transactions we will permit an attorney-in-fact to conduct on a case-by-case basis. A person acting under a power of attorney is not, by virtue of the power, an owner of the Account, and no funds in the account belong to the attorney-in-fact by reason of that capacity. The attorney-in-fact has no right of survivorship in the Account by virtue of that capacity.
Monitoring and Recording Telephone Calls and Consent to Receive Communications.

Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.

To provide you with the best possible service in our ongoing business relationship for your Account we may need to contact you about your Account from time to time by telephone, text messaging or email. However, we first obtain your consent to contact you about your account in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991, CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission.

Your consent is limited to your Account, and as authorized by applicable law and regulations.
Your consent is voluntary and not conditioned on the purchase of any product or service from us.

You authorize us to contact you regarding your Account throughout its existence using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us. This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.

Transfers/Assignments. Unless otherwise agreed by us in writing, all Accounts are non-transferable and non-negotiable. You may not grant, transfer or assign any of your rights to your Account(s) without our prior written consent. We are not required to accept or recognize an attempted assignment of your Account or any interest in it, including a notice of security interest.
Waivers. We may delay enforcing our rights under this Agreement without losing them. Any waiver by us shall not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest and notice of every kind, except as set forth in this Agreement.
Termination or Suspension of Service We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your Account.
Severability. Unless otherwise stated, if any of the provisions of this Agreement are determined to be void or invalid, the remainder of the Agreement shall remain in full force and effect.
Dispute Resolution; Agreement to Arbitrate.

Your Account is being made available by us on the basis of your acceptance of our general Terms and Conditions and is subject to the Arbitration Clause therein, which is also provided here for reference.

By accessing your Account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

(a) Generally. In the interest of resolving disputes between you and Figure in the most expedient and cost effective manner, and except as described in Section 19(b) and 19(d), you and Figure agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIGURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 19(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Opt-Out. If you are a User and do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 9 within 30 days after the date that you agree to these Terms by sending a letter to Figure Technologies, Inc., Attention: Legal Department – Arbitration Opt-Out, P.O. Box 40534, Reno, NV 89504 that specifies: your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Figure receives your Opt-Out Notice, this Section 9 will be void and any action arising out of these Terms will be resolved as set forth in Section 10(b). The remaining provisions of these Terms will not be affected by your Opt-Out Notice. Only a User, and in no event a Company, may exercise this opt-out right.

(d) Arbitrator. Any arbitration between you and Figure will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org Opens a new window., by calling the AAA at +1-800-778-7879, or by contacting Figure. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Figure’s address for Notice of Arbitration is: Figure Technologies, Inc., P.O. Box 40534, Reno, NV 89504. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Figure may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Figure must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.

(f) Fees. If you are a User and commence arbitration in accordance with these Terms, Figure will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Figure for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(g) No Class Actions. YOU AND FIGURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Figure agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(h) Modifications to this Arbitration Provision. If Figure makes any future change to this arbitration provision, other than a change to Figure’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Figure’s address for Notice of Arbitration, in which case your account with Figure will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

(i) Enforceability. If you are a User and this section is found to be unenforceable or if you are a User or Company and the entirety of this Section iis found to be unenforceable, or if we receive an Opt-Out Notice from you as a User, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 10(b) of the General Terms and Conditions will govern any action arising out of or related to this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT INCLUDING THE ARBITRATION PROVISION, DO NOT USE THE ACCOUNT OR ANY OF OUR SERVICES. YOU MAY CALL 1-888-851-4883 TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.