Welcome to AboveBoard!

We're excited to provide all sorts of tools and information to help you better understand your finances and feel more empowered.

When you use AboveBoard, you enter into a legal agreement, which is what you see below. It may seem long, but that's because we've tried to make it as clear as we can and included a few extra notes alongside these terms (highlighted and labeled as “Plain English”). These notes are not a part of the contract itself, but are intended to help make the legalese a little easier to follow. We've also bolded a few areas that talk about important legal rights, including the following:

These Terms of Service include an agreement to resolve any disputes through bindng arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.

We're always happy to hear from you if you have any questions or suggestions. You can contact us by email at info@aboveboardfinancial.com or by snail mail at AboveBoard, 112 West 34th St, New York, NY 10120, Attention: Legal Department. Now for the legal stuff:

Our Terms of Service

By accessing and using our Services (defined below), you are agreeing to these Terms of Service, our Privacy Policy and our Community Rules. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights.

1. Our Services

When we refer to our “Services,” we mean all products and services owned and operated by AboveBoard Financial, Inc. or any of its affiliated companies (collectively, “AboveBoard” “we,” or “us”), including the content, features, tools, data, software and functions made available by AboveBoard through www.aboveboardfinancial.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these terms, our Services include the following key features:

Plain English

We provide you with a platform that includes helpful calculators, insights, education, products and services to help you understand and manage your financial well-being.

We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services.

2. Your AboveBoard Account

2.1 General Requirements

You will need to register for an AboveBoard member account to access many specific aspects of our Services, like our guides, recommended professionals and calculators. Registering for a member account is optional, but if you do not register for an account, you will not be able to access certain aspects of our Services.

By registering for an AboveBoard member account, you certify that:

You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, notify us immediately at info@aboveboardfinancial.com.

Plain English

Our most helpful features require you to register as an AboveBoard member (it helps us personalize your experience). If you decide to register, you're pinky swearing that you're a U.S. adult, you are who you say you are and you won't let anyone else use your account.

2.2 Specific Registration Consents

When you register as a member, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services (collectively, such information is your “Member Profile.”).

3. Limitations and Restrictions on Use of Our Services

3.1 Analysis and Estimates

As described in our Privacy Policy, we may use information you provide and other relevant information we obtain to analyze, sort, and present certain information or features to you.

Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the data we have. The methodology we use to determine which information, analysis, or offers is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.

Plain English

When it comes to your financial well-being, we want to help you find the information you need quickly and efficiently. We'll show you stuff you may find helpful, but it's up to you to make the final decision. You are in the driver’s seat.

3.2 Third Party Offers

With respect to offers from our marketing partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our marketing partners and we will never submit an application for a product or service to a marketing partner on your behalf without your consent.

3.3 Educational Purposes

All information on our Services is presented for educational purposes only. We do not guarantee that the information we present as part of our Services, is appropriate and accurate for your individual situation.

Plain English

We try our best to present you with information that you will find helpful and interesting, based on the information you provide to us. However, we are not a financial advisor, do not have all the information about your unique individual circumstance, and therefore cannot be sure that what we are showing you is accurate or right for you. If you do not feel confident “Doing-It-Yourself” or wish to involve the oversight of a professional, we encourage you to do so!

3.4 Not a Legal or Professional Advisor

AboveBoard is not a financial advisor, legal advisor or tax advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, your legal situation, or your taxes.

Plain English

We aim to be as helpful as we can, but we're not your professional financial, tax or legal advisor. If you need professional assistance with your finances or legal issues, please go to a professional that can help with your specific situation.

3.5 Territorial Restrictions

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

Plain English

We're based in the U.S. and our services are meant for a U.S. audience only.

3.6 Compliance with Law

You must comply with all applicable laws when using our Services. You are not permitted to use our Services to violate any local, state or federal law.

Plain English

You agree you won't use our services to do illegal stuff.

3.7 Links to or Connections with Third Party Sites, Applications or Service Providers

Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your AboveBoard account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.

Plain English

We might show you stuff from other companies or professionals, or even connect you with them, but we're not legally responsible for anything they do. You should review their policies separately. We do want you to tell us if you encounter problems with anyone in our network of professionals because we monitor our network for continuing “good citizenship”, but we are not legally responsible for their conduct. We will, however, “raise hell” on your behalf if we determine they have acted badly.

4. Ownership and Infringement

4.1 Our Content

All content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of AboveBoard and its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

Plain English

We've created a lot of cool stuff for you to use, read, and look at. Please don't reuse it without our written permission.

4.2 Our Partners' Intellectual Property

Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our business or marketing partners (our “Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

Plain English

You also can't reuse our business partners' stuff.

4.3 Infringement of Rights

You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Community Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:

Attention: Legal Department
AboveBoard Financial, Inc.
112 West 34th St
New York, NY 10120
info@aboveboardfinancial.com

To find out more about what you must include in the Notice and about the procedures we will follow, click here.

AboveBoard reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.

Plain English

If you think something on our platform belongs to someone else, let us know (we've outlined the steps above). And if you're posting other people's stuff, we can block your access. So don't do it!

5. Contributing to Our Community

5.1 Our Community Rules

We encourage you to use our Services to interact with other consumers and AboveBoard members. We may provide you and others with the opportunity on our Services (through forums, blogs, message boards, review pages, and similar features) to submit, post, and publish certain content and materials, including messages, reviews, photos, video, images, data, and text ("Community Content"). You must abide by the Our Community Rules when publishing, uploading, or submitting your Community Content.

Plain English

Connecting with others, particularly with people like you in similar situations, can be really helpful. We want you to feel free to share content and materials with other users, but we have some rules to try to keep it polite and helpful for everyone. Treat others with kindness!

5.2 License to Your Community Content

By submitting, posting, or publishing your Community Content on or through our Services, you grant to AboveBoard a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Community Content, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you. This license also includes the right to publish your Community Content in a searchable format that may be accessed by other users of our Services. You also grant to other users of our Services a non-exclusive license to access and use your Community Content in connection with our Services.

Plain English

You're giving us permission to use the stuff you post on our platform, like reviews and community advice. Thanks!

5.3. Responsibility for Community Content

You are solely responsible for the Community Content that you submit, post, or publish via our Services. By submitting, posting, or publishing Community Content, you represent and warrant that (a) you are the creator and owner of the Community Content, or have the necessary licenses, rights, consents, and permissions to authorize us and other users to use for our benefit your Community Content as necessary to exercise the licenses granted by you in this Agreement, in the manner contemplated by us, our Services, and this Agreement, and (b) your Community Content complies with our Community Rules.

We do not endorse, represent, or guarantee the completeness, accuracy, reliability, or usefulness of any Community Content. You may see Community Content that may be inaccurate, offensive, indecent, or objectionable. AboveBoard may, but is not obligated to, review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, delete, or remove Community Content for any reason, including to satisfy applicable law, enforce the Agreement (including our Community Rules), or protect the rights, property or safety of AboveBoard, AboveBoard users, or any third party, in each case without notice and in our sole and absolute discretion. We disclaim all liability for Community Content and you hereby waive any legal or equitable right or remedy you have against us with respect the Community Content. For additional details on our use of Community Content, please review our Privacy Policy.

Plain English

We don't take responsibility for Community Content that you or other users provide (we think it'll be great, but we just can't know for sure).

5.4 License to Use Your Feedback

In addition to sharing your Community Content with the AboveBoard community, we also encourage you to tell us how we can improve your AboveBoard experience. We may provide you with opportunities to send us comments, suggestions and other feedback regarding problems with, or proposed modifications or improvements to, our Services (“Feedback”) through email, social media, feedback forms, surveys, our Help Center, and similar channels. By submitting, posting, or otherwise providing us your Feedback, you hereby grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you, all in accordance with our Privacy Policy.

Plain English

We want to create a great experience for you, so please let us know what you think we could do better. We just need your permission to use your feedback when you give it to us!

6. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons

AboveBoard has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our business partners.

Plain English

We're not Big Brother, but we need to be able to keep an eye on things to protect ourselves, our members and the public.

7. Disclaimers

WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. ABOVEBOARD, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR THE COMMUNITY CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, THE COMMUNITY CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING ABOVEBOARD OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, THE COMMUNITY CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT, THE COMMUNITY CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, THE COMMUNITY CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

YOU ACKNOWLEDGE THAT ABOVEBOARD IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. ABOVEBOARD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.

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

Plain English

This is very important (like, bold and ALL-CAPS important) so please read the whole section carefully for specifics. It explains that we don't make any warranties about our services or content (including any tips you might pick up).

8. Limitation of Liability

ABOVEBOARD AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “ABOVEBOARD PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE COMMUNITY CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE ABOVEBOARD PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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

Plain English

Sorry for the bold and all-caps again. It's really important to highlight how our liability is limited when it comes to issues you may encounter with our services. Please read the whole section carefully.

9. Indemnification

You will defend (if requested by any AboveBoard Party), indemnify, and hold harmless the AboveBoard Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the AboveBoard Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Community Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of AboveBoard. The AboveBoard Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Plain English

If someone sues us because of something you did, you're responsible for it, so read the above carefully.

10. Dispute Resolution and Arbitration

Plain English

A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read this section carefully for details on how it works.

10.1 Generally

In the interest of resolving disputes between you and AboveBoard in the most expedient and cost-effective manner, you and AboveBoard agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. 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 the Agreement, 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 the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND ABOVEBOARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.2 Exceptions

Despite the provisions of Section 10.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.

10.3 Arbitrator

Any arbitration between you and AboveBoard will be governed by the FAA, the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules" ) of the American Arbitration Association ( "AAA" ), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AboveBoard at info@aboveboardfinancial.com.

10.4 Notice and Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ( "Notice" ). AboveBoard’s address for Notice is: AboveBoard Financial, Inc., 112 West 34th St, New York, NY 10120, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ( "Demand" ). You and AboveBoard agree to use good faith efforts to resolve the claim directly, but if you and AboveBoard do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AboveBoard must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AboveBoard’s last written settlement offer made before an arbitrator was selected, AboveBoard will pay you the amount awarded by the arbitrator or fifteen thousand United States dollars ($15,000), whichever is greater. The arbitration proceedings, including any exchanged materials, shall be confidential and you and AboveBoard agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

10.5 Fees

If you commence arbitration in accordance with the Agreement, AboveBoard will reimburse you for your payment of the filing fee, unless your claim is for more than $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 New York, New York, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. If the arbitrator finds that either the substance of the 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 AboveBoard 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 fourteen (14) days of the arbitrator's ruling on the merits.

10.6 No Class Actions

YOU AND ABOVEBOARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and AboveBoard agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

10.7 Modifications

If AboveBoard makes any future change to this arbitration provision (other than a change to AboveBoard s address for Notice), you may reject the change by sending us written notice within 30 days of the change to AboveBoard address for Notice, in which case your account with AboveBoard will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

10.8 Enforceability

If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.

11. Deactivation and Termination

11.1 Termination of Agreement; Surviving Terms.

The Agreement is effective until your member account, if applicable, is deactivated by either you or AboveBoard and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.

Plain English

The Agreement lasts until your account is deactivated and you completely stop using our services (but there are a few parts that have to live on forever).

11.2 Deactivating Your Member Account

If you decide you want to deactivate your account you can do so by emailing info@aboveboardfinancial.com .

12. Miscellaneous

Plain English

This entire section is where we have what our lawyers fondly call “boilerplate.” Each one is pretty quick, so we won't break them down any further.

12.1 Governing Law

The Agreement is governed by the laws of the State of New York, excluding conflicts of law provisions.

12.2 Entire Agreement

The terms of the Agreement (including the Privacy Policy, the Community Rules and any Additional Terms) constitute the entire and exclusive agreement between AboveBoard and you in connection with your use of our Services or our Content.

12.3 Changes to the Agreement

We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Policy or any Additional Terms, you are agreeing to the Agreement as modified.

12.4 Waiver Only in Writing

AboveBoard 's failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit AboveBoard 's rights with respect to that breach or any subsequent breaches. No waiver by AboveBoard of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of AboveBoard.

12.5 Assignment

AboveBoard may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

12.6 Severability

If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.

12.7 Interpretation

The titles and annotations, including the “Plain English” sections, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against AboveBoard because we drafted it.

Woohoo! We’re done with all of that. Now go enjoy AboveBoard!