Terms of Use

Effective: February 25, 2019

Welcome to LEAFsavings.com (the “Site”), which is operated by LEAF College Savings, LLC (“LEAF,” “we” or “our”). Through our Site, LEAF offers a variety of information, products and services. Throughout these Terms of Use, we refer to all of our offerings through the Site, including provision of access to the Site itself, as our “Service.”

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN LEAF AND YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, LEAF DOES NOT AUTHORIZE YOU TO USE THE SERVICE. By using the Service, you confirm that you are at least 18 years of age and that all information you submit to the Service is true and correct. LEAF may restrict, suspend, or revoke your ability to access or use the Service with or without prior notice, if you violate this Agreement.

1. General

By using the Service, you agree to be bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to modify any features of the Service at any time. By registering for the Service and/or continuing to use the Service after the posting of notices regarding such changes, you agree to be bound by such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any notice from LEAF. As a condition of your access and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or inconsistent with the Agreement. We reserve the right to withdraw or amend the Site, the Service, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or part of the Service is unavailable at any time or for any period. You are solely responsible for making all arrangements necessary for you to have access to the Service.

LEAF is based in the state of Virginia in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of the Services are accessible or the use thereof is appropriate outside the United States. Access to or use of the Site or Services may not be legal by certain persons or in certain countries, or comply with the laws of such countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Service and is part of the Agreement, to understand our practices regarding the information about you that we collect through the Service, including personally identifiable information. Our Privacy Policy is available by clicking the link on the LEAF Site named “Privacy Policy.”

3. LEAF Accounts and Account Access

Some features of our Service require you to register and create an account on our Site (a “LEAF Account”). For example, you may not be able to purchase or redeem a LEAF College Savings gift card unless you open a LEAF Account. To open a LEAF Account, you will be required to create a unique username and password and to provide certain personally identifiable information about yourself. All information you provide in connection with your LEAF Account is subject to our Privacy Policy. You consent to all actions we take with respect to your information, consistent with the Privacy Policy. You represent and warrant that all information submitted in your LEAF Account profile will be accurate, current, and complete.

You may access your LEAF Account through the LEAF Site by using the unique security devices (for example, username and password) that were created when establishing your LEAF Account (“Security Devices”) and following the security procedures (which may include the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar devices) described in this Agreement or that we may otherwise provide to you (“Security Procedures”). You agree (1) to adhere to the Security Procedures, (2) that such Security Procedures and Security Devices are commercially reasonable under applicable law, and (3) that your use of Security Devices or adherence to Security Procedures constitutes your authorization to access and utilize any features (including the initiation of payment orders and funds transfers) of your LEAF Account. Any person having access to your Security Devices will be able to access and use your LEAF Account, and you will be fully responsible for such person’s access to your Security Devices. You agree that any payment order, funds transfer or other transaction which is initiated in accordance with the Security Procedures shall be binding upon you and may be acted upon by us without further verification, whether or not authorized by you. You agree to keep your Security Devices protected, secure, and strictly confidential, and to provide or make them available only to third parties that you have authorized to use your Security Devices. You agree not to disclose or provide your Security Devices to any unauthorized person. You agree to change your password frequently in order to ensure the security of your Security Devices. You agree to notify us immediately by email at support@leafsavings.com or by opening a support ticket on the LEAF Site if you believe that your Security Devices or any aspect of the Security Procedures have been stolen, compromised, or otherwise become known to an unauthorized person(s). The occurrence of unauthorized access will not affect any payment order, funds transfer or other transaction made in good faith by LEAF prior to receipt of such notification and not within a reasonable time period for LEAF to prevent such unauthorized transactions.

LEAF shall not be liable for any loss or damage resulting from fraudulent, unauthorized, or otherwise improper use of your Security Devices, and you agree to indemnify, defend all claims, and hold LEAF harmless from any loss, damages, or expenses, including but not limited to attorneys’ fees and expenses, caused by your failure to keep your Security Devices confidential and secure.

We reserve the right to modify, amend, supplement, or cancel your Security Devices or any requirements involving Security Devices or the Security Procedures (for example, required password length or characters, security questions, or the timing of mandatory changes to a password), at any time in our discretion. We will give you reasonable notice of any such changes, except where we have determined that the change is necessary or desirable to protect the security of our systems or in response to any actual or threatened breach of security. LEAF will not be responsible for any delays or losses caused by any such changes (whether prior notice is provided or not), and your use of any changed Security Devices or Security Procedures will constitute your agreement to the changes and that such changed Security Devices or Security Procedures are commercially reasonable under applicable law and adequate for the purposes intended.

4. Purchasing Gift Cards

Various products such as greeting cards and gift cards, whether they are plastic or electronic, may be selected and purchased on the Site (“LEAF Products”). When you have completed and paid for your order, LEAF will produce the LEAF Products you have selected and send them to the recipients specified by you. The pricing for LEAF Products, which is stated in U.S. dollars, is set forth on the Site and you agree to pay the applicable prices for each LEAF Product that you elect to purchase. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. All purchases of LEAF Products are non-returnable and non-refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at support@leafsavings.com. Please include your order number in all communications for prompt service.

5. Establishing a Bank Account

(a)   CBW Bank (“CBW”) and LEAF have established a relationship in order to facilitate your college savings and your use of our Service. In order to use some features of LEAF’s Service, such as the transfer of payroll deductions into a 529 college savings plan or student loan repayment(s) to a loan servicer, you acknowledge that our system will automatically open a special purpose account on your behalf with CBW (a “CBW Bank Account”), into which funds will be deposited. Through our partnership with CBW, CBW is able to provide notices and other information to you via our Site, and you are able to manage your CBW Bank Account using the tools made available on the Site. You authorize LEAF to act on your behalf as your agent to manage your CBW Bank Account according to the instructions you provide through the automated tools available on the Site, and you authorize us to disclose your LEAF Account information to CBW as necessary to provide the Service and to facilitate your use of CBW’s services related to the CBW Bank Account (the “CBW Services”).

(b)   For the sake of clarity, if you use the features of the Site to instruct us to transfer funds out of your CBW Bank Account into a 529 college savings plan or to a student loan servicer, you acknowledge and agree that we are authorized to act on your behalf as your agent to carry out that transfer. If we are unable to carry out the transfer, we will notify you via email or via the Site.

(c)   You acknowledge that LEAF is not a bank and does not provide banking services. You understand and agree that LEAF is not responsible for performance of any CBW Services. This Agreement alone governs your relationship with LEAF regarding our Service. However, in order to establish a CBW Bank Account (which is necessary in order to use some features of our Service), you must agree to the terms and conditions set forth in the CBW “Account Holder Agreement,” which is a separate agreement between CBW and you governing the CBW Services. The terms of the Account Holder Agreement are available in a link on the LEAF Site named “CBW Bank Payroll Service Account Holder Agreement.”

(d)   Please be aware that CBW may charge certain fees for some CBW Services, as explained in the Account Holder Agreement. For example, if you ask CBW to mail you a printed copy of your CBW Bank Account’s transaction history, CBW may charge a fee. You are solely responsible for any fees incurred due to your use of the CBW Services.

6. Use of the Site

6.1 Proprietary Rights

The Site contains or may contain information, text, photographs, designs, graphics, images, sound recordings, video recordings, animation and other materials that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other proprietary rights owned by LEAF or third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Subject to your continued compliance with this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Site solely for your personal, non-commercial purposes. No right, title or interest in or to the Site, Services, or Content is transferred to you, and all rights not expressly granted are reserved by us.

LEAF’s logos, product names and service names are trademarks of LEAF (the “LEAF Marks”). You may not display or use LEAF Marks without LEAF’s prior written permission, nor may you use the Content in any manner without the applicable owner’s prior written permission. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

6.2 No Framing

You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without LEAF’s advance written authorization.

6.3 Online Conduct

(a)   General. You acknowledge that your use of the Site is subject to applicable local, state, federal and international law, and you agree not to use the Site or any of the Content for any illegal purpose. You specifically agree not to: (i) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) falsify information accompanying any transmissions through the Site (e.g., forge e-mail headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (v) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (x) stalk or harass another individual; (xi) use the Service in any manner that could disable, overburden, damage or impair the Service or interfere with any other party’s use of the Service; (xii) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service, the server through which the Service is provided, or any server, computer or database connected to the Service; (xiii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (xiv) collect or store personal data about other users.

(b)   Additional Restrictions. You may not resell or sublicense access to the Service to any third-party. You may use the Service only for your personal, non-commercial purposes. You may not reproduce any portion of the Site, provided that you are authorized to print individual pages of the Site for your personal use. You may not modify or create any derivative product based on the Service or any portion of the Service. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Service is compiled or interpreted, and nothing in this Agreement should be interpreted as granting you any right to obtain or use source code. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Service (including, without limitation, robots, spiders or scripts).

(c)   Monitoring and Enforcement. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

(d)   Credit Card and E-Check Authorization. By using a credit card or by providing bank check information to purchase any products sold by us (“LEAF Product(s)”), you represent that you are the authorized holder of the applicable credit card or are the owner of the applicable bank account, that the information you supply to us is true, correct, and complete, and you authorize LEAF to store, transmit, and use the information submitted by you as necessary to provide the Service and the applicable LEAF Product(s).

(e)   Fees. You agree to pay all fees and other charges to your LEAF Account(s), including any applicable taxes. LEAF reserves the right to change the amount of, or the basis for determining, any fees or other charges for LEAF Products and the Service and to institute new fees or other charges effective upon prior notice to you. A list of LEAF fees is available in a link on the LEAF Site named “Fees.”

(f)   Right of Refusal; Errors. We reserve the right to refuse or cancel your orders at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the LEAF Product(s) or Service, error in your order, fraud, unauthorized or illegal activity or any other reason. We do not guarantee that any content is accurate or complete, including fee and price information. If we discover fee or pricing errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted). We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any LEAF Product(s) or Service.

(g)   Cancellation. To cancel the Service, you may contact the Customer Service team at support@leafsavings.com.

(h)   Suspension or Termination. This Agreement is effective until terminated by us. We may suspend or terminate your access to the Service at any time without prior notice to you. If we do so, you will not be responsible for fees associated with the Service after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds.

(i)   Third-Party Content. You understand and agree that LEAF is not responsible for any content posted on the Site by any third parties. You further understand that LEAF may not monitor the content posted. Nevertheless, you acknowledge and agree that LEAF, consistent with its abilities under applicable law, may voluntarily take action in good faith to restrict or block access to or availability of material that LEAF in its discretion considers to be obscene, lewd, lascivious, excessively violent or otherwise objectionable without the consent of or notice to the content provider. YOU ACKNOWLEDGE AND AGREE THAT YOU USE AND/OR RELY ON ANY INFORMATION PROVIDED BY OTHER USERS AT YOUR OWN RISK. LEAF is not in any manner verifying, approving or endorsing the content of reports that users post and cannot and will not vouch for their reliability.

(j)   User Content. All remarks, suggestions, ideas, graphics, comments or other information that you send to the Site (other than information we promise to protect under the Privacy Policy) becomes and remains our property, even if this Agreement is later terminated. That means we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them.

7. Creating Custom Image and Text for Gift Cards

  • Image files can be in .JPEG, .GIF, or .PNG formats.
  • Small images will reproduce poorly when printed.
  • Increasing the scale of your image may cause it to print poorly.
  • The bigger the image you choose, the longer it will take to upload.
  • The time your image takes to upload depends on your own internet connection speed.

8. Guidelines for Use of Color Images (Photos)

The appearance or interpretation of any of the following on apparel, banners, signs, etc., in the foreground or background of photos is prohibited, including but not limited to:

  • Competitive Marks/Names (e.g. MasterCard, American Express, etc.)
  • Branded Products (except those associated w/ Affinity/Co-Brand programs)
  • Copyrighted or Trademarked Material
  • Celebrities/musicians/public figures/athletes/cartoons, etc. (except for those associated with approved Affinity/Co-Brand programs)
  • Phone Numbers (e.g. 800 or 900 #’s) and URL addresses (e.g. www.xyz.com)
  • Provocative or Sexual content
  • Violence, Profanity or Obscenities

9. Third Party Links, Products and Services

Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed the Site through a link from a Third-Party Portal or if the Site provides links to any third-party sites, you agree that we have no control over the content on such sites. YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.

10. Indemnification

You agree to indemnify and hold harmless LEAF, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all damages, liabilities and expenses, including reasonable attorneys’ fees, resulting from your use of the Service and any breach of this Agreement. LEAF reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

11. Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. LEAF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE REPORTS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THIRD-PARTY PRODUCTS OR SERVICES THAT MAY BE LINKED TO OR FROM THE SERVICE (INCLUDING WITHOUT LIMITATION FOR THE AVAILABILITY OR CONTENT OF THOSE SERVICES, OR FOR ANY PRODUCTS PURCHASED ON THOSE SERVICES), NOR FOR ANY PRODUCTS OR SERVICES THAT MAY BE ADVERTISED BY THIRD PARTIES ON THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAF DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE SITE, SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION OR DATA ACCURACY. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY REPORT, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THROUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE AND YOU ACKNOWLEDGE AND AGREE THAT, CONSISTENT WITH APPLICABLE LAW, SUCH ACTIONS DO NOT ALTER LEAF’S GENERAL IMMUNITY FROM LIABILITY FOR MATERIAL POSTED ON ITS SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE OR ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

LEAF DOES NOT PROVIDE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE, ASSIST WITH THE PROCUREMENT OF LOANS, OR CONSIDER WHETHER OR NOT CREDIT SHOULD BE EXTENDED. ANY LENDER THAT YOU MAY BE DIRECTED TO THROUGH THE SERVICE IS AN INDEPENDENT THIRD PARTY THAT IS NOT AFFILIATED WITH LEAF.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

IN NO EVENT WILL LEAF, ITS PARENT AND AFFILIATES, OR THEIR MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, IN ANY WAY RELATED TO THE SERVICE OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY OR BASIS FOR THE CLAIM, AND REGARDLESS OF WHETHER LEAF KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. YOU AGREE THAT LEAF’S AGGREGATE MONETARY LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE. SOME STATES DO NOT PERMIT CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH EVENT THE DISCLAIMERS AND LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU, OR MAY NOT APPLY FULLY. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LEAF’S LIABILITY STATED ABOVE FORM AN ESSENTIAL BASIS OF OUR AGREEMENT WITH YOU, ABSENT WHICH LEAF WOULD BE UNWILLING TO OFFER THE SERVICE.

13. Supplemental Terms

Certain features of the Service may be subject to additional terms of use. We will provide an opportunity for you to review any such additional terms of use before you use the applicable features of the Service. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features, in which event such terms are incorporated into this Agreement between LEAF and you. In the event that any of the additional terms of use governing such features conflict with these Terms of Use or the Privacy Policy, the additional terms will govern.

14. Miscellaneous

The failure of LEAF to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive LEAF’s right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

This Agreement shall be governed by the laws of the United States and the Commonwealth of Virginia, as if entered into by residents of Virginia and fully performed therein. You agree that any claim or dispute against LEAF arising out of or relating to the use of the Service must be brought within one year after such claim or dispute first accrues. You further agree that any such claim or dispute must be brought in a court of competent jurisdiction located in Arlington County, Virginia unless agreed upon by all parties, and you agree to submit to the exclusive personal jurisdiction and venue of such courts.

Nothing contained in this Agreement is in derogation of LEAF’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by LEAF with respect to such use. LEAF shall have the right to assign, transfer, and sublicense this Agreement, and its rights and obligations hereunder, to one or more other persons or entities. You may not assign this Agreement or any of your rights under this Agreement to any third party unless LEAF provides its express written consent, and any attempted assignment without such consent will be null and void.

If you believe your copyright has been violated by works accessible on the Site or through the Service, please contact us by email at support@leafsavings.com.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LEAF with respect to its subject matter and governs your use of the Service, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LEAF College Savings with respect to that subject matter. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

If this Agreement is terminated for any reason, sections 6, 9, 10, 11, and 12 of this Agreement shall survive such termination.

Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OR TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15. Questions

If you have any questions about this Agreement, please contact us at: support@leafsavings.com.

16. Unethical or Fraudulent Behavior Reporting

Site users, employees, third parties, and customers who wish to report unethical or fraudulent behavior anonymously or in a confidential manner may submit their comments through the online form at: https://www.leafsavings.com/fees-and-policies/anonymous.

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.