Terms of Service

Welcome to our website! This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. These Terms create a legal obligation and form an essential basis of the bargain between you and Clockout Financial Inc. (hereinafter “Clockout”), its subsidiaries, affiliates, agents, and assigns. By accessing, browsing, and/or using the Site or the Services, you acknowledge that you have read, understood, and agreed to be bound by theseTerms of Use and to comply with all applicable federal and state laws, rules, and regulations. If you do not agree to these Terms, PLEASE DO NOT REGISTER FORANY OF CLOCKOUT’S SERVICE. To use this Site or the Services and to accept the Terms of Use, you must be: A citizen or permanent resident of the United States; Of legal age under the laws of the State of Florida to form a binding contract with "Clockout” as described herein under Part B, Section 4 of this Agreement; and Not prohibited by law from using the Site or the Services. 

PART A: Introduction 

The rules under which you may use Clockout’s services offered through Clockout’s website, are governed by this Terms of Use. ("Clockout"or the "Service"), and access and use Clockout websites(for purposes of this User Agreement, "websites" includes our desktop website, our mobile websites, and our mobile applications) and the services associated with it. By accessing Clockout’s website or subscribed to any of Clockout’s Services, you agree to be bound by this Terms of Use, Clockout will create an account for you to utilize theService, access your transaction history, and contact information, (the "Clockout Account"). Because of your usage of the Service, there will be no money in your Clockout Account. This Terms of Use is between you and the Clockout entity, and you acknowledge and agree to it. You agree to the Terms of Use by accessing and using the Service. The terms "we," "us," and "our" relate to Clockout, as well as its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees, as used throughout this Terms of Use. "You"and "Your" refer to anybody who utilizes the Service or access Clockout’s website. 

1. Account Information.
In order to access Clockout ’s Services, you will be required to create a Clockout Account. When you create an Clockout Account, you will obtain a Login ID and password. After you create an Clockout Account, you will prompt to provide us with certain information, such as, but not limited to, your name, mailing address, phone number, and email address (collectively "Account Information"). You agree that any Account Information you provide will be accurate, current, and complete. Should any of your Account Information change, you agree to update this     information as soon as possible. To update your Account Information, you may go to the Profile section of the Site, click on “Settings,” and update  your Account Information accordingly. You may only open one (1) Clockout Account. You may not maintain a joint account with another person, and you cannot add an authorized user to your Clockout Account. You agree that you will not allow another person to use or access your Clockout Account and not share your Login ID or password with other persons. You represent that you are a legal owner and that you are authorized to provide us with all Account Information and additional information necessary to facilitate your use of the Services.  To use certain Services, Clockout may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.

2. Third-Party Account Information. To use the Services, you agree permitting Clockout to retrieve your account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). By using the Services, you authorize Clockout as well as third-party service providers acting on Clockout’s behalf, to access your Third-Party Account Information, on your behalf as your agent, and you expressly authorize the third parties to disclose Third-Party Account Information to us. You agree that you are responsible for maintaining the security of the passwords and usernames you use to access any third-party sites and will keep those passwords and usernames up to date on the Site. Clockout does not review Third-Party Account Information for accuracy, legality, or non-infringement. Additionally, “CLOCKOUT” is not responsible for your Third-Party Account Information or products     and services offered by or on third-party sites. You understand that any Third-Party Account Information displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. 

3. FRAUDULENT CONSUMERS WARNING:  Be aware of Scams and Fraud. The Service provides a safe and simple method to access earned wages ahead of scheduled payroll day. However, scammers and fraudsters abound, so be wary of unusual and/or suspicious activity. Use Clockout’s website and Services solely for legal purposes and keep your login  credentials and personal or sensitive information private. Do not send or request information to others. If you suspect you are being scammed or  defrauded, or if your login or password have been lost or stolen, please contact us immediately. You can contact Customer Support, by accessing the “Support” Tab in our website. 

4.   SECURITY. Our main priority are your security and the integrity of your Clockout Account, and we work diligently to protect your data. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at support@joinclockout.com. Please be aware that Clockout will never ask for your Clockout Account password. If you receive any fake (i.e., phishing) e-mails claiming to be from Clockout, please forward them to us at support@joinclockout.com 

PART B: General Service(s) Terms of Use and Conditions. 

1. Agreement.
This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of Clockout ’s website (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Clockout Financial, Inc. (“Clockout”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at joinclockout.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at joinclockout.com.

3. Ownership. All content included on this site is and shall continue to be the property of Clockout or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. This website is intended for adults only. This website is not intended for any person under the age of 18.

5. Site Use. Clockout grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Clockout and Clockout may terminate your use of this website at any time.

6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

7. Financial Management Services. Clockout offers users custom financial management services ("Personal Financial Management Services") as part of Clockout’s Services through its website. These services include Financial Wellness Tools, where we track your income and expenses and let you know about estimated upcoming bills and other expenses. The Budget feature of the Personal Financial Management Services monitors your employer's payroll system that you link to your Clockout Account (an"Employers Payroll System”). If you subscribe to the Personal Financial Management Services, you will have access to  “Budget Tools” and Clockout Rewards Program. With Budget, we track your income and expenses and let you know about estimated upcoming bills and other costs. Budget will monitor your linked bank account held at a US financial institution (a "Linked Account") and let you know when you're in danger of having insufficient funds in your LinkedAccount, helping you avoid overdrafts, returned transactions, and bank fees.

8. Early Advance Earned Wages Service(s). 

a) Overview.
Clockout  offers a service that provides advances based on your already earned salary (“EWA”) ahead of your scheduled payroll with your employer. The EWA is a non-recourse sale of future wages to Clockout . In order to access this Service, you will be required to open a Clockout Account and to link a Bank Account to your Clockout  Account so that you may receive Advance(s). If you are an eligible user, you may request to receive an Advance of up to 75% of earned wages for the pay period into your Bank Account at any time between your payroll cycles by logging into your Clockout  Account. We may deny your request for an Advance Salary for any reason at any time. 

b) Fees. There will be no fees for the use of the Services or to open and maintain a Clock-Out  Account. However, any transaction(s) fees associated with EWA advances will be offset through a payroll deduction. We require a connected Employers' Payroll System Account (a “Payment Method") to pay the fees. Plus, we need to subscribe to your bank account to credit any Earned Wage Advance (EWA). 
Transaction Fee: Employee user hereby agrees to be charged a 1.9% transaction fee over the amount advanced. The Transaction fee will be collected by Provider at repayment date together with the repayment of the EWA advance through a payroll deduction. Clockout warrants that Provider will not charge the transaction fee directly to the Employee.

c) Advance Salary Charges. We reserve the right to charge you an Advance Salary, including fees, any time after we connect to your Employers' Payroll System to have a real-time earned salary payroll deduction to cover the advanced received and any transactional fee associated with the EWA. However, Clockout  warrants you that it has no legal or contractual claim against you based on our inability to charge you or repay Advance Salary funds, but Clockout  may suspend your access to the Services until we can charge you in full. Concerning a failure to receive the amount for an Advance Salary in full, Clock-Out  warrants it will not engage in any debt collection activities, place any amount we are unable to charge with or sell it to a third party, or report you to a consumer reporting agency. Clockout  does not waive any rights regarding fraudulent activity and will pursue instances of fraud.

d) Credit/Debit Authorization(s). You authorize Clockout  to credit Advance Salary to your Bank Account. We will separately obtain a “Payment Authorization” from you to debit your Employers’ Payroll System Account for any transaction fees and advanced repayment. The terms of the Payment Authorization constitute a part of these Terms and are incorporated by reference. As applicable, you also authorize Clockout  to electronically debit or credit your Bank Account to correct erroneous debits and credits. 

You acknowledge that, as applicable, the electronic authorization contained in this Agreement represents your written authorization for automated clearing house (“ACH”) as provided herein and will remain in full force and effect until you notify us that you wish to revoke this authorization by emailing support@joinclockout.com. You must notify us at least three (3) business days before a scheduled transaction date to cancel this authorization. Please include the name and telephone number associated with your Clock-Out  Account when you email. Failure to provide correct and complete information may prevent us from timely cancel the transaction(s). You agree to indemnify and hold Clock-Out  harmless from and against any loss incurred due to its withdrawal of a preauthorized debit transaction from your account if any of the information relied upon in your request to stop payment is incorrect or incomplete. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt to cancel the transaction at our sole discretion. However, we assume no responsibility for our failure to do so.You warrant and represent to Clock-Out  that you have the right to authorize us to charge and credit your Bank Account for transaction(s) under this Agreement.

If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Clock-Out  harmless from any claims by any other owner of the Linked Account.You represent that you can save or otherwise store a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.

9. Indemnification. You agree to indemnify, defend, and hold Clockout and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

10.  Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. CLOCKOUT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

11.  Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CLOCKOUT BE LIABLE OR RESPONSIBLE FORANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OFBUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE,OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12.  Use of Information. Clockout reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13. Clockout Account Revocation & Termination. Clockout may suspend, cancel, limit, or revoke your access to and use of the Site or the Services and/or terminate these Terms of Use and the Agreement between you and us or your Clockout Account at any time without notice, without cause, in our absolute discretion, and to the extent permitted by applicable laws. The following sections of these Terms shall survive termination: Indemnification, Disclaimer of Warranties, Limitation of Liability & Unforeseen Circumstances, Waiver, DisputeResolution by Binding Arbitration, and General Provisions (Entire Agreement; Assignment; Other Rights), and any other section that by its terms survives termination. Clockout further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Site or Services at any time with or without notice, as permitted by applicable laws.

14.  Applicable Law. You agree that the laws of the State of Florida, without regard toconflicts of law provisions will govern these Terms of Use and Conditions and anydispute that may arise between you and Clockout or its affiliates.

15.  BINDING ARBITRATION. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTANDS THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT BYNOT CONDUCTING ANY TRANSACTIONS OR OPENING AN ACCOUNT WITH US. THIS ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS (A) YOU ARE ELIGIBLE TO RECEIVE BENEFITS UNDER THE MILITARY LENDING ACT BY BEING A COVERED MEMBER OF THE MILITARY PERSONNEL OR YOU ARE A SPOUSE OR LEGAL DEPENDENT OF A COVERED MEMBER OF MILITARY PERSONNEL AT THE TIME YOU OPEN YOUR ACCOUNT. 

(a) Election to Arbitrate. Any and all matters of dispute between the parties to this Agreement, whether arising from or related to the Agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance withTitle 9 of the United States Code, unless the Parties expressly agree otherwise in writing.

(b) Notice. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within 30 calendar days after the dispute has arisen, time is of the essence.All statutes of limitation, which would otherwise be applicable in a judicial action brought by a Party, will apply to any arbitration or reference proceeding hereunder.

(c) Procedural Considerations. The arbitration will be decided by a panel of one (1) arbitrator for claims under $500,000 and three (3) arbitrators, selected under the Commercial Arbitration Rules of the American Arbitration Association.

(d) Place. Arbitration shall take place inMiami-Dade County, Florida. Said arbitration shall occur within thirty (30) consecutive days after the Party demanding arbitration delivers the written demand on the other Party unless the Parties mutually agree otherwise in writing.

(e) Language. The language of the arbitration shall be English.

(f) Choice of Law. Pursuant to Part B, Section 14 of this Agreement, the arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Florida.

(g) Award. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on all Parties, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
(i) Arbitration Cost and Fees.  Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
(ii) Joinder of Parties. Except by written consent of the Parties, no arbitration arising out of or relating to this Agreement or the parties' dealings may include, by consolidation, joinder or in any other manner, any person or entity not a Party to the Agreement under which such arbitration arises.


(h) Enforceability. The arbitration agreement herein among the Parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.
(i) No Class Action. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED)IN A COURT AS CLASS REPRESENTATIVE OR COLLECTIVE ACTIONS IN A COURT.

16.  Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17.  Waiver. The failure of Clockout to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Clockout must be in writing and signed by an authorized representative of Clockout.

18.  Termination. Clockout may terminate this Agreement at any time, with or without notice, for any reason.

19.  Relationship of the Parties. Nothing contained in this Agreement, or your use of the Site shall be construed to constitute either party as a partner, joint-ventures, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

20.  Entire Agreement. This Terms of Use constitutes the entire agreement between you and Clockout and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Clockout with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Clockout may revise this Terms of Use at any time by updating thisAgreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21.  Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

22.  Construction.The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the provisions to which they appertain. This Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation.

23. Dwolla Terms of Service. In order to use the payment functionality of Clockout’s application, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.joinclokout.com or support@joinclockout.com.

24.  Contact Information.

Clockout Financial, Inc.
12330 SW 53rd Street | Suite 706
Cooper City, FL., 33330.
support@joinclockout.com