Terms and Conditions

Acceptance of the Terms of Use

Welcome to the Grow website, part of Acorns Grow Incorporated (“Acorns Grow”, “we” or “us”) and offered in connection with our partnership with CNBC LLC (“CNBC”). The following terms and conditions, along with the Privacy Policy and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of (i) the Grow website, accessible at grow.acorns.com, including any content, functionality and services offered on or through the Grow website (collectively, the “Site”), and/or (ii) any services that may be offered through the Site from time to time (collectively, “Services”). To the extent Acorns Grow makes any portion of the Site available via mobile application, these Terms of Use shall be deemed to govern use of such mobile application and all references to Site herein shall be deemed to also include such mobile application. For the avoidance of doubt, use of the mobile application “Acorns”, offered by Acorns Advisers, LLC and its affiliates, is governed by its own terms of use.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you irrevocably accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

Note that in some instances, both these Terms of Use and separate additional terms or licenses, guidelines, rules or terms of service will apply to your use of some online services offered and/or operated by Acorns Grow (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable online services and will be in addition to these Terms of Use. Where any direct conflict exists between these Terms of Use, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however, provisions unique to these Terms of Use will remain in effect as outlined here.

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you irrevocably accept and agree to the changes. You agree to be notified of changes to the Terms of Use via posting of updates on the Site.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for any charges incurred in obtaining access to the Site and online services. The Site and online services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site. Acorns Grow and CNBC reserve the right to change the nature of this relationship at any time.

You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our online services or this Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site or the applicable resources that all the information you provide is correct, current and complete. You agree that all information you provide otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Content and Materials

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content and the Site are owned by Acorns Grow and/or their partners, licensors, and suppliers (which may include agents, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site and Services, including all related intellectual property contained therein.

Certain features of the Services may allow you to upload, post, publish, share, store, or manage data, stories, articles or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to make the Site publicly available and/or perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to make the Site publicly available and/or perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Site and/or Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted.

Any use or reliance on any Content or Materials of other users posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.

You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. NEITHER ACORNS GROW, CNBC, THE SITE, NOR ANY SERVICES MADE AVAILABLE FROM TIME TO TIME ARE INTENDED TO CONSTITUTE OR PROVIDE LEGAL, FINANCIAL OR TAX ADVICE. NEITHER ACORNS GROW NOR CNBC IS A FINANCIAL PLANNER, BROKER, BROKER-DEALER, INVESTMENT ADVISOR OR TAX ADVISOR. The authors or providers of any articles, stories, tips or other Content posted at the Site from time to time are not acting as your legal counsel, accountant, tax adviser, broker-dealer, stock broker, investment advisor or in any other professional service capacity. The Site and/or any Services made available from time to time are intended to serve as an educational resource, and as such, all decisions in respect of savings, retirement, investments, taxes, the financial markets, stocks and bonds are solely yours. Your personal financial situation is unique, and any information and advice obtained through the Site may not be appropriate for your situation and/or may ultimately prove to be incorrect or unfavorable when applied to your circumstances. As a result, before making any decisions or implementing any financial strategy, you should obtain additional information and advice from your accountant, legal counsel, registered and licensed broker(s) and/or other financial advisers who are fully aware of your individual circumstances and who are qualified to provide such professional advice.

Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

The information specified above must be sent to Acorns Grow’s Designated Agent, whose contact information is as follows:

Acorns Grow Incorporated

Attention: DMCA Designated Agent

5300 California Ave.

Irvine, CA 92617

Email: copyright@acorns.com

Any information or correspondence that you provide to Acorns Grow may be shared with third parties, including the person who provided Acorns Grow or the Site with the allegedly infringing material.

Upon receipt of a bona fide infringement notification by the Designated Agent, it is Acorns Grow’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the Site.

If you believe that your content should not have been removed for alleged copyright infringement, you may send Acorns Grow’s Designated Agent a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Links to Other Sites

The Site and/or Services may contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites.

You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to the Site.

You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and must make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Permitted Uses

Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and its Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto.

The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes.

You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

You may not use the Site or Services for commercial, illegal or unlawful, or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment.

We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and Services and liability for damages caused by your noncompliance.

In addition to the foregoing, while using the Site and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of Acorns Grow, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of Acorns Grow; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Wireless and Location-Based Features; Social Media Plug-ins

Wireless Features: The Services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.

Terms of Wireless Features: If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the online services for Wireless Features, then you agree to notify Acorns Grow of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.

Social Media Plug-Ins: Social media plug-ins of social networks such as Facebook, Instagram, and Twitter (amongst others) are integrated on our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account, the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature, or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our online services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser.

User Content; Grant of Limited License

Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.

If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Acorns Grow and CNBC (including without limitation, their licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Acorns Grow the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Acorns Grow, CNBC, and their licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Acorns Grow and CNBC under these Terms of Use, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Acorns Grow, CNBC, and their licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate Acorns Grow, CNBC, or any other person or entity to exercise any of the rights granted by you under these Terms of Use. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Use. You agree that Acorns Grow, CNBC, and their licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.

No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Acorns Grow, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that neither Acorns Grow nor CNBC intends or will pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.

Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use and reuse by Acorns Grow, CNBC, and their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Acorns Grow and CNBC, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Acorns Grow, or related Sites or online services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.

Ownership: Except as expressly set forth in these Terms of Use, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Acorns Grow, CNBC, or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Acorns Grow and CNBC.

Public Nature of Online Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Acorns Grow or CNBC. Notwithstanding anything else in these Terms of Use, neither Acorns Grow nor CNBC should be seen as endorsing any User Content in any way. Acorns Grow, CNBC, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.

Liability for User Content: User Content does not reflect the views of Acorns Grow or CNBC. Notwithstanding anything else in these Terms of Use, neither Acorns Grow nor CNBC should be seen as endorsing any User Content in any way. User Content posted through the online services are provided by users like you who are unaffiliated with Acorns Grow or CNBC, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Acorns Grow or CNBC, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the online services. Acorns Grow, CNBC, and their respective officers, directors, employees, subsidiaries and/or affiliates are not responsible for User Content, accuracy or opinions expressed on the online services, nor shall they have any liability for any such User Content. Neither Acorns Grow nor CNBC investigates, monitors or checks for accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable.

Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the online services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Neither Acorns Grow nor CNBC will be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the online services.

Warranties, Disclaimers, and Limitations of Liability

Your Warranties

You represent and warrant to Acorns Grow and CNBC that (a) all information that you provide to us is accurate and truthful, (b) you have the authority to share any Content or Materials you provide to us and to grant us the right to use such Content and Materials as provided in these Terms of Use and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Disclaimer of Warranties

ALTHOUGH ACORNS GROW AND CNBC MAKE EFFORTS TO PROVIDE AN ACCURATE SITE, THE SITE AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. ACORNS GROW, CNBC, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND ITS CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND ITS CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND ITS CONTENT IS AT YOUR OWN RISK AND ACORNS GROW AND CNBC MAKE NO WARRANTIES. ACORNS GROW AND CNBC RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE AND ITS CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

Your reliance upon the information available on the Site or located through utilization of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site and Services, or any portion of the Site; (2) to modify or change the Site or Services, or any portion of the Site or Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Site and/or provision of Services, or any portion of the Site or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and the Site.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Remedies

IN NO EVENT SHALL ACORNS GROW, CNBC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR ITS CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACORNS GROW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, AND NOT IN LIMITATION OF THE FOREGOING, ACORNS GROW WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR OR OTHER DAMAGES YOU MAY SUFFER, IN WHOLE OR IN PART, IN CONNECTION WITH OR AS A RESULT OF YOUR REVIEW OF ANY ADVICE, TIPS OR OTHER CONTENT POSTED AT THE SITE. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ITS CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

Content and Materials

You will indemnify and hold Acorns Grow, CNBC and their respective officers, directors, employees, subsidiaries and/or affiliates harmless with respect to any suits or claims arising out of: (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site and/or Services or your misuse or abuse of the Site and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site or Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use. YOU AGREE TO INDEMNIFY AND HOLD ACORNS GROW, CNBC, AND THEIR RESPECTIVE THIRD-PARTY VENDORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO ACORNS GROW AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.

Binding Arbitration and Applicable Law

Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Orange County, California office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages.

Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator.

Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction.

By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

These Terms of Use are governed by the laws of Delaware without regard to conflicts of laws principles. Access or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acorns Grow as a result of these Terms of Use or accessing or using the Site or its contents.

Acorns Grow’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Acorns Grow’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by Acorns Grow with respect to such use.

Investigations

Acorns Grow and CNBC reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. Acorns Grow and CNBC may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Acorns Grow and CNBC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Acorns Grow or CNBC believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Acorns Grow and CNBC will fully cooperate with any law enforcement authorities or court order requesting or directing Acorns Grow or CNBC to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF ACORNS GROW AND CNBC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ACORNS GROW OR CNBC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF ACORNS GROW OR CNBC, OR LAW ENFORCEMENT AUTHORITIES.

Local Regulations

Acorns Grow makes no representation that content on the Site or online services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the online services from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 5300 California Ave., Irvine, CA 92617 or via email addressed to: support@acorns.com and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party.

The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Binding Arbitration and Applicable Law,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

Questions? Contact us at support@acorns.com

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All investments involve risk, including loss of principal. The contents presented herein are provided for general investment education and informational purposes only and do not constitute an offer to sell or a solicitation to buy any specific securities or engage in any particular investment strategy. Acorns is not engaged in rendering any tax, legal, or accounting advice. Please consult with a qualified professional for this type of advice.

Any references to past performance, regarding financial markets or otherwise, do not indicate or guarantee future results. Forward-looking statements, including without limitations investment outcomes and projections, are hypothetical and educational in nature. The results of any hypothetical projections can and may differ from actual investment results had the strategies been deployed in actual securities accounts. It is not possible to invest directly in an index.

Advisory services offered by Acorns Advisers, LLC (“Acorns Advisers”), an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”). Brokerage and custody services are provided to clients of Acorns Advisers by Acorns Securities, LLC (“Acorns Securities”), a broker-dealer registered with the SEC and a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Securities Investor Protection Corporation (“SIPC”). Acorns Pay, LLC (“Acorns Pay”) manages Acorns’s demand deposit and other banking products in partnership with Lincoln Savings Bank, a bank chartered under the laws of Iowa and member FDIC. Acorns Advisers, Acorns Securities, and Acorns Pay are subsidiaries of Acorns Grow Incorporated (collectively “Acorns”). “Acorns,” the Acorns logo and “Invest the Change” are registered trademarks of Acorns Grow Incorporated. Copyright © 2019 Acorns and/or its affiliates.

NBCUniversal and Comcast Ventures are investors in Acorns Grow Incorporated.