PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MY SECURE ADVANTAGE, INC.

SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 15 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. My Secure Advantage, Inc. Program

a. Description

My Secure Advantage, Inc. (“MSA”, “Plan Administrator,” “we,” “us,” or “our”) provides financial well-being coaching and other financial well-being services to help members de-stress and discover how to fuel their possibilities. This includes providing financial services and benefits to members of plan sponsors, such as employers, as well as services directly to self-paying members.

By using our services and/or the MSA Digital Platforms available at mysecureadvantage.com, msamembers.net, or related domains (“Services”), you agree to be bound by this Agreement. The success of the Services, however, depends on the adherence to the terms of this Agreement by you and other members (collectively “you,” “your,” or “Members”). If you participate as a Self-Paying Member, you also agree to and are subject to our MSA Self-Pay Benefits and Billing Terms and any updates thereto.

While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Members will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use our Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

b. Definitions

i. Benefit:

Benefit shall mean any one of several features offered by MSA. Each Plan includes a selection of Benefits. Examples of Benefits as described in these Terms and Conditions may include but are not limited to: Money Coaching, ID Theft Monitoring/Fraud Resolution, MSA Digital Platform, and Access to Legal Referrals/Mediation.

ii. Covered Member:

Covered Member shall mean others who are covered by a Named Member’s Plan.

iii. Fraud Resolution Specialist:

Fraud Resolution Specialist (FRS) shall mean certain professional individuals who provide identity theft recovery guidance.

iv. Membership Fee:

A Membership Fee is the payment made to the Plan Administrator by a Self-Paying Member for access to Benefits under an MSA Plan.

v. Member:

Named Member and Covered Member, collectively.

vi. Money Coach:

Money Coach shall mean certain professional individuals who are employees of the Plan Administrator and who collectively provide the financial services described in these Terms and Conditions.

vii. MSA Digital Platform:

MSA’s digital platform available at mysecureadvantage.com, msamembers.net, and related domains, including where applicable, the MSA Wallet®, a personal financial management online software that allows Members to track their banking and investment activity across their financial accounts.

viii. MSA Well-being Plan:

MSA Well-being Plan shall mean the combination of Benefits available to a Member by a Plan Sponsor. The specific Benefits provided under the MSA Well-being Plan are defined by a separate MSA Well-being Plan Agreement between the Plan Sponsor and Plan Administrator.

ix. MSA Well-being Plan Agreement:

A separate agreement between a Plan Sponsor and Plan Administrator that defines the specific set of Benefits provided to a Member by the Plan Sponsor. The MSA Well-being Plan Agreement will define the Members to be covered by the specific MSA Well-being Plan and the specific terms under which the MSA Well-being Plan is being made available to those Members. If there is a discrepancy between these Terms and Conditions and the MSA Well-being Plan Agreement, the MSA Well-being Plan Agreement shall prevail.

x. My Secure Advantage, Inc. Plan:

The My Secure Advantage, Inc. Plan shall mean the combination of Benefits available to a Self-Paying Member. The Plan Administrator may offer more than one My Secure Advantage, Inc. Plan, each having its own combination of Benefits and Membership Fee.

xi. Named Member:

Named Member shall mean the individual who is enrolled in the Plan.

xii. Plan:

Plan shall mean the combination of My Secure Advantage, Inc. Benefits available to a Member.

xiii. Plan Administrator:

Plan Administrator shall mean My Secure Advantage, Inc. (MSA), which is located at 3001 Lava Ridge Court, Suite 250, Roseville, CA 95661.

xiv. Plan Sponsor:

Plan Sponsor shall mean an organization, such as an employer, who has entered into a separate agreement with the Plan Administrator to provide certain Members with access to a Plan.

xv. Self-Paying Member:

A Self-Paying Member shall mean an individual who has voluntarily chosen to access a Plan under a self-pay arrangement with the Plan Administrator. A Self-Paying Member is a type of Named Member.

xvi. Services:

Services shall mean all services available through a Plan or any of the MSA Platforms. MSA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MSA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

xvii. Third Party Provider:

Third Party Provider shall mean all organizations and professional individuals who have agreed to offer their services to Members for a discounted fee. Members may choose to access Third Party Provider services at the Member’s discretion and under a separate agreement between the Third Party Provider and the Member.

2. Eligibility

By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

i. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link;

ii. You are 16 or older;

iii. You have the authority to enter into the Agreement personally. Except as otherwise provided herein, or in a MSA Well-being Plan Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services; and,

iv. You will comply with all applicable laws, including those of the country, state, and city in which you are present while using the Plan.

3. Access

a. Access.

By entering into this Agreement, you will be granted a revocable license to access to the Services. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Services, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

b. Prohibited Uses.

You understand, acknowledge and agree that any access or use of the Services shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Services.

c. Privileges Nontransferable.

Your access privileges may not be transferred by you to any third parties.

d. Passwords and Security.

You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services. Please notify MSA by calling 888-724-2326.

4. Acceptable Use Policy

By using the Services, you agree that:

a. You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.

b. You will not use the Services to cause nuisance, annoyance or inconvenience.

c. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.

d. You will not violate the publicity or privacy rights of another individual.

e. You will not copy or distribute any content displayed through the Services.

f. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

g. The information you provide to us or otherwise communicate with us is accurate.

h. You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.

i. You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.

j. You will not deep-link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.

k. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

l. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.

m. Your self-submitted content (“User Content”) does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.

n. Your User Content does not violate any state or federal law designed to regulate electronic advertising.

o. Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.

5. Information on our Services

a. Professional Judgment of the Money Coach or Fraud Resolution Specialist (FRS).

The Plan Administrator will in no way influence or attempt to affect the rendering of services by a Money Coach or FRS. The Money Coach and FRS will provide objective and independent money coaching and ID theft recovery assistance to the best of their ability. In addition, if the Money Coach or FRS makes the decision that it is not in the best interests of the Plan Administrator to advise/pursue a matter/claim on behalf of the member, then all services may be immediately terminated at the sole discretion of the Money Coach or FRS. This action will cancel the My Secure Advantage, Inc. Plan for the Member and will be subject to the terms of cancellation in Section 8 of the Self-Paying Member Benefits and Billing Terms.

b. Professional Judgment of a Third Party Provider.

The Third Party Provider has the sole right to determine (in their professional judgment) whether or not to provide services to a Member. The Plan Administrator will in no way influence or attempt to affect the rendering of eligible services by a Third Party Provider. Any errors and omissions of a Third Party Provider are their sole responsibility. No such liability will be assumed or incurred by either the Plan Administrator or the Plan Sponsor.

c. Information on the MSA Platform.

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

6. Benefits and Membership Fees

a. MSA Well-being Plan

Membership fees for this Plan are paid by the Member’s Plan Sponsor. Membership fees, benefits, and cancellation are governed by a separate agreement between the Plan Administrator and Plan Sponsor.

b. My Secure Advantage, Inc. Plan

Membership fees for this Plan are paid by the Self-Paying Member. Membership fees, benefits, and cancellation are governed by the MSA Self-Pay Benefits and Billing Terms, which are incorporated herein by reference.

7. MSA Wallet®

The following notice applies to those Members who have access to MSA Wallet® through their Plan: MSA Wallet® uses Plaid Technologies, Inc. to gather Members’ data from financial institutions. By using MSA Wallet®, you (the Member) grant MSA and Plaid Technologies, Inc. the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. By using MSA Wallet® you also agree to your personal and financial information being transferred, stored, and processed by Plaid Technologies, Inc. in accordance with the Plaid Privacy Policy which can be found at: https://plaid.com/legal

8. User Feedback

You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

9. Intellectual Property Ownership

We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

10. Privacy

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

11. Third-Party Providers and Third-Party Interactions

All Third Party Provider services shall be subject to terms and conditions defined by the Third Party Provider. Members may choose to access Third Party Provider services at the Member’s discretion. The Plan Administrator is not a party to any agreement between the Member and Third Party Provider and is not responsible for the services rendered under that agreement. All fees and costs associated with the provision of services to the Member by the Third Party Provider are the responsibility of the Member and must be paid by the Member under the terms of the agreement between the Member and the Third Party Provider.

The Services may also contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12. Indemnification

You agree to indemnify and hold harmless MSA and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your Feedback; (b) your misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Services.

Your Plan Sponsor may not have independently verified the security of the MSA digital platform. By using the MSA digital platform, you agree that your Plan Sponsor is not responsible for any security breach to the MSA digital platform, and agree to indemnify and hold harmless your Plan Sponsor, Plan Sponsor’s affiliates, officers, directors, and employees from and against all losses, damages, liabilities, deficiencies, actions, judgements, costs, or expenses of whatever kind arising out of, or resulting from, any security breach of the MSA digital platform.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MSA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

15. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

a. Scope of Arbitration Agreement.

You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or MSA may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH MSA, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b. Initial Complaint Resolution:

Should the Member at any time have a complaint with or concern regarding the services provided by Plan Administrator staff or a professional provider, the Member may call or send a written notice to the Plan Administrator. The Plan Administrator may contact the Member for additional information as well as the Money Coach or FRS, or the Third Party Provider for input, within five (5) business days of receipt of the notice. The Plan Administrator will attempt to resolve the complaint within thirty (30) days or less of receipt of the call or written notice. The Member will be advised throughout the process of the steps being taken to resolve the matter, via telephone, email or an acceptable means of communication to the Member. The Member expressly waives all matters of confidentiality for purposes of investigating and resolving any complaints or concerns.

c. Informal Resolution.

You and MSA agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and MSA therefore agree that, before either you or MSA demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MSA that you intend to initiate an informal dispute resolution conference, email arbitration@mysecureadvantage.com, providing your username associated with your MSA account (if any), the email address associated with your MSA account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

d. Arbitration Rules and Forum.

This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Chris Russell, Stoel Rives (mailing address: 1600 Capitol Mall, Suite 500, Sacramento, CA 95814). The arbitration will be conducted by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules (the “AAA Rules”). You can see the AAA Rules and filing forms online at www.adr.org. Payment of all filing, administration, and arbitration fees will be governed by AAA’s rules. If the arbitrator finds that you cannot afford to pay AAA’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from AAA, we will pay them for you. If you are the one who commences arbitration, MSA will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the AAA Rules will determine who pays that fee. Unless the parties agree otherwise, any arbitration hearing will take place (at your option) in Placer County or the county (or parish) of your current address. However, if the claim is for $10,000 or less, you may decide whether you want the arbitration to be conducted instead: (a) only on the basis of documents or (b) through a telephone hearing. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then we’ll use the AAA Rules to determine whether you or MSA is responsible for the filing, administrative and arbitrator fees.

e. Arbitrator Powers.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and MSA. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and MSA.

f. Waiver of Jury Trial.

YOU AND MSA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and MSA are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 15(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

g. Waiver of Class or Consolidated Actions.

YOU AND MSA AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor MSA is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 16.

h. Opt Out.

You may opt out of this Arbitration Agreement. If you do so, neither you nor MSA can force the other to arbitrate as a result of this Agreement. To opt out, you must notify MSA in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: arbitration@mysecureadvantage.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

i. Survival.

This Arbitration Agreement will survive any termination of your relationship with us.

j. Modification.

Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

16. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and MSA agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Placer County, California, or in federal court for the Central District of California.

17. General

a. No Joint Venture or Partnership.

No joint venture, partnership, employment, or agency relationship exists between you, MSA or any third-party provider as a result of this Agreement or use of the Services.

b. Choice of Law.

This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

c. Severability.

Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

d. Electronic Communications.

For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

e. Out-of-Network Services.

Out-of-Network Services: Nothing herein shall prevent a Member, at their own expense, from hiring the services of any other money coach, financial consultant, or any other professional outside of the My Secure Advantage, Inc. Plan and it is understood that such services shall be outside of the benefits provided under this the My Secure Advantage, Inc. Plan.

f. Entire Agreement.

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

18. Contact Information

My Secure Advantage, Inc. 3001 Lava Ridge Court, Suite 250 Roseville, California 95661 (888) 724-2326

My Secure Advantage provides Services for our Self-Paying Members that require additional benefits and billing terms (the “MSA Self-Pay Benefits and Billing Terms”). The MSA Self-Pay Benefits and Billing Terms are set forth below and incorporate our Terms and Conditions, Privacy Policy, and Cookie Policy and any updates thereto. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Terms and Conditions.  

1. Benefits Description

The Plan Administrator may make available more than one combination of Benefits and corresponding Membership Fees to a Self-Paying Member. The Plan Administrator reserves the right at any time to change the Benefits and Membership Fees for all My Secure Advantage™ Plans. Should changes be made, all affected Self-Paying Members will receive no less than thirty (30) days advance notice of the pending changes.

a. Financial Coaching:

Self-Paying Members will have access to work with a personal Money Coach. The frequency and duration of access to a Money Coach will vary depending upon the specific Plan purchased by the Self-Paying Member. The personal Money Coach will help the Self-Paying Member identify personal financial goals, assess the Self-Paying Member’s financial situation and provide a suggested action plan to accomplish those goals. Financial coaching sessions are by appointment as requested by the Self-Paying Member and are at times mutually agreed upon by both the Self-Paying Member and the personal Money Coach. The duration of each consultation is typically 30 minutes per session. The Money Coach may determine that a longer session is necessary. The frequency of sessions is determined by the Money Coach based upon the progress made during each session. Either the Money Coach or Plan Administrator shall retain absolute discretion to end consultation on any issue where continued consultation will not serve the best interests of the Self-Paying Member.

b. ID Theft Monitoring/Fraud Resolution:

i. Identity Monitoring and Fraud Resolution services may be available to a Self-Paying Member.

Self-Paying Members will be provided a description of their access to these Benefits at the time they enroll as a Self-Paying Member.

ii. Identity Monitoring:

When enrolled in identity monitoring services, the Self-Paying Member’s information is monitored across a network of companies who utilize out of wallet knowledge-based authentication questions to verify an identity during a transaction. The Member will receive a real-time alert via the email on record when the out of wallet knowledge-based authentication questions have been activated.

iii. Fraud Resolution Services:

Where Fraud Resolution is included in the Self-Paying Member’s Plan, the Self-Paying Member whose identity has been compromised will receive access to a Fraud Resolution Specialist (FRS) who will address and assist in the effort to repair the Self-Paying Member’s identity. Where comprehensive identity recovery services are included, these services will include, but are not limited to, working with creditors, collection companies, collection law firms and credit reporting agencies. Where comprehensive identity recovery services are included, the FRS can serve as a personal advocate in representing the Self-Paying Member in disputing and clearing up fraudulent or incorrect claims and credit records.

c. MSA Website:

i. For Self-Paying Members with access to the MSA Website; the Self-Paying Member will have access to a secure, private MSA website that is a collaborative tool for coaching, which may include highlights and suggestions from the Self-Paying Member’s personal Money Coach.

ii. MSA Wallet:

Some Self-Paying Members will have access to MSA Wallet, a Personal Financial Management software that will allow Members to track their banking and investment activity across all of their financial accounts. MSA Wallet will allow the Member to set spending and savings goals and provide alerts or notices that may be electronically communicated to the Self-Paying Member. The Self-Paying Member dictates what information, if any, is shared with their personal Money Coach in the MSA Wallet application.

iii. Online financial calculators with financial articles

iv. Access to self-help legal forms

v. On-demand learning through educational and instructional videos

d. Access to Legal Assistance/Mediation:

When included in the Self-Paying Member’s Plan, the Self-Paying Member is entitled to one (1) initial sixty-minute office or telephone consultation at no cost with a network attorney or mediator. In the event that the Self-Paying Member wishes to retain a participating attorney or mediator after the initial consultation, the Self-Paying Member will be provided with a preferred rate reduction of 25% from the attorney's normal hourly or fixed fee rate.   # 2. Changes to Benefits and/or Membership Fees Unless otherwise defined by an Agreement between the Plan Administrator and a Plan Sponsor, the Plan Administrator reserves the right to replace vendors, change benefits and/or membership fees at any time. In such event, the Self-Paying Member and Plan Sponsor (if applicable) shall receive no less than thirty (30) days advance notice of the effective date of any changes.   # 3. Membership Fees and Payment A Self-Paying Member will have access to a My Secure Advantage™ Plan for a Membership Fee that is paid by the Self-Paying Member to the Plan Administrator. The Plan Administrator may choose to offer more than one My Secure Advantage™ Plan. The Self-Paying Member chooses which Plan to enroll in and may switch between available Plans at any time. The minimum length of Membership is for one full month. If a Self-Paying Member should choose to move between Self-Paying Plans or cancel a Self-Paying Plan, then the change will become effective at the end of the current membership month, based upon when the Self-Paying Member first enrolled. If, for example, a Self-Paying Member enrolled on the 10th day of a month, any Member-initiated change to their Plan will become effective on the next 10th day of a month.

The Plan Administrator provides each Self-Paying Member with a description of the benefits they have available to them at the time that they signed up for the Self-Paying Plan.   # 4. Payment Options There are three options for processing payment: 1) Authorized Payroll Deduction, 2) a debit by electronic funds transfer, such as ACH or bank account payments, or (3) by a charge to the Self-Paying Member’s credit/debit card. An individual Self-Paying Member may not have access to one or more of these options.   # 5. Authorized Payroll Deductions This form of payment is only available to Named Members who choose to become Self-Paying Members and whose Plan Sponsor offers payroll deductions as an option. When Payroll Deduction is chosen by a Self-Paying Member as his or her payment method, the Self-Paying Member accepts and agrees to these Terms and Conditions. Payroll deductions may be made to the Plan Administrator for those Named Members who elect to continue with the My Secure Advantage™ Plan by becoming Self-Paying Members. The Self-Paying Member will authorize a payroll deduction by digital impression from a recorded phone conversation with an MSA representative. Payroll deductions, based on the periodic payment schedule of employees, will take place such that the total sum deducted in any one month of payroll will not exceed the monthly Membership Fee. Payroll deductions shall continue until the Plan Sponsor’s human resource or payroll department is notified in writing by the Plan Administrator or the Self-Paying Member to discontinue the deductions. The Plan Administrator will submit monthly identification data in a separate digital file for authorizing Self-Paying Members in a format acceptable to the Plan Sponsor. The Plan Sponsor will provide to the Plan Administrator the contact information and data needed to facilitate the payroll deduction process. Authorized Payroll Deductions are not available to Covered Members or memberships purchased directly from MSA.   # 6. Bank Account Debit (ACH - Automated Clearing House): When Debit to the Self-Paying Member’s Bank Account is chosen by a Self-Paying Member as his or her payment method, the Self-Paying Member accepts and agrees to these Terms and Conditions.

a. Bank Account Payments:

By choosing to use a bank account as a payment method, the Self-Paying Member will be able to complete his or her purchase using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. By doing so, the Self-Paying Member is authorizing the Plan Administrator to debit their bank account for the total amount of the purchase (including applicable taxes, fees and shipping costs). To complete the transaction, the Plan Administrator, or an agent acting on its behalf, will create an electronic funds transfer or bank draft, which will be presented to the Self-Paying Member’s bank or financial institution for payment from Self-Paying Member’s bank account. The transaction must be payable in U.S. dollars. The Plan Administrator, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

b. Electronic Signature and ACH Authorization:

By choosing your bank account as your payment method, the Self-Paying Member agrees that:

i. they have read, understand and agree to these Terms and Conditions, and that such agreement constitutes a "writing signed by you" under any applicable law or regulation,

ii. they consent to the electronic delivery of the disclosures contained in these Terms and Conditions,

iii. they authorize the Plan Administrator (or its agent) to make any inquiries it considers necessary to validate the Self-Paying Member’s dispute, which may include ordering a credit report and performing other credit checks or verifying the information provided against third party databases, and

iv. they authorize the Plan Administrator (or its agent) to initiate one or more ACH debit entries (withdrawals) for the specified amount(s) from the Self-Paying Member’s bank account, and the Self-Paying Member authorizes the financial institution that holds their bank account to deduct such payments.

c. Returned Payments:

If any payments are returned unpaid, the Plan Administrator reserves the right to charge the Self-Paying Member a returned item fee up to the maximum amount allowed by law, which may be added to the Self-Paying Member’s payment amount and debited from his or her bank account if the Plan Administrator re-submits an ACH debit due to insufficient funds. The Plan Administrator may initiate a collection process or legal action to collect unpaid fees. The Self-Paying Member agrees to pay all of the Plan Administrator’s costs for such action, including any reasonable attorneys' fees.

d. Customer Service:

All questions relating to My Secure Advantage™ Plan orders or any payments made using the Self-Paying Member’s bank account should be directed to the Plan Administrator, and not to the financial institution that holds the Self-Paying Member’s bank account. The Plan Administrator may be contacted regarding a Self-Paying Member’s My Secure Advantage™ Plan order or any payments made using his or her bank account by calling the Plan Administrator at 1-888-724-2326.

e. Error Resolution Policy:

If a Self-Paying Member believes that any payment transaction initiated by the Plan Administrator (or its agent) with respect to his or her bank account is erroneous, or if the Self-Paying Member needs more information about any such transaction, he or she should contact the Plan Administrator as soon as possible by telephone at 1-888-724-2326. In any event, the Plan Administrator must hear from the Self-Paying Member no later than 90 days after the date the questionable transaction FIRST appeared on the Self-Paying Member’s bank account statement. When contacting the Plan Administrator, the Self-Paying Member must provide the following information:

i. the Self-Paying Member’s name and the email address associated with the Self-Paying Member’s My Secure Advantage™ customer account;

ii. a description of the error or the transfer Self-Paying Member is unsure about, and a clear explanation as to what is believed to be in error or why more information is needed;

iii. the dollar amount of the suspected error;

iv. the transaction date and associated transaction identification number from Self-Paying Member’s bank account statement;

v. a telephone number at which the Self-Paying Member can be reached in case the Plan Administrator needs further information;

vi. the telephone number of the bank; and

vii. that portion of Self-Paying Member’s bank account statement containing the My Secure Advantage™ transaction information (if requested).

viii. If the information is provided to Plan Administrator orally, the Plan Administrator may require that the complaint or question be sent to the Plan Administrator in writing within ten (10) business days. A "Business Day" means Monday through Friday, excluding federal banking holidays.

f. Plan Administrator Liability:

If the Plan Administrator fails to debit the Self-Paying Member’s bank account in accordance with these Terms and Conditions, in the correct amount, it may be liable for certain losses directly caused by its failure as the law may impose in such cases. However, the Plan Administrator will not be liable where:

i. the Self-Paying Member does not have enough money in their bank account;

ii. the Self-Paying Member’s bank account is closed or withdrawals restricted;

iii. any terminal or system was not working properly and the Self-Paying Member was advised of that before he or she initiated the payment;

iv. circumstances beyond the Plan Administrator’s control (such as flood, fire, power outages, mechanical or system failures);

v. the Self-Paying Member’s financial institution refuses to honor an ACH debit;

vi. the Self-Paying Member’s instructions were lost or delayed in transmission to the Plan Administrator;

vii. a reasonable security concern, such as unauthorized use, causes the Plan Administrator not to honor the Self-Paying Member’s instructions;

viii. this payment option has been discontinued or suspended;

ix. the Plan Administrator advised the Self-Paying Member that their request would not be processed; and

x. other exceptions allowed by law. If the Plan Administrator’s error was unintentional and resulted from a bona fide error, its liability is limited to actual damages, which shall not exceed the total sum of those charges deducted from the Self-Paying Member’s account in error.

  # 7. CREDIT CARD PAYMENTS; AUTORENEWAL When a charge to the Self-Paying Member’s Credit Card is chosen by a Self-Paying Member as his or her payment method, the Self-Paying Member accepts and agrees to these Terms and Conditions.

a. Acceptable Methods of Payment:

By choosing this payment method the Self-Paying Member will be able to complete his or her purchase using any valid Visa, MasterCard, American Express, or Discover account. Whenever the Self-Paying Member chooses to pay for an order using their credit card, they are authorizing the Plan Administrator to charge their credit card for the total amount of purchase, which includes monthly charges or other recurring charges. To complete the transaction, the Plan Administrator, or an agent acting on its behalf, will create a credit card charge equal to the Self-Paying Member’s "Purchase Total", which will be presented to his or her credit card account. The transaction must be payable in U.S. dollars. The Plan Administrator, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

b. Electronic Signature:

By choosing your credit card as your payment method, the Self-Paying Member agrees that:

i. they have read, understand and agree to these Terms and Conditions, and that such agreement constitutes a "writing signed by you" under any applicable law or regulation,

ii. they consent to the electronic delivery of the disclosures contained in these Terms and Conditions,

iii. they authorize the Plan Administrator (or its agent) to make any inquiries it considers necessary to validate any Self-Paying Member’s dispute, which may include ordering a credit report and performing other credit checks or verifying the information provided against third party databases, and

iv. they authorize the Plan Administrator (or its agent) to initiate one or more credit card charges for the specified amount(s).

c. Returned Payments:

If any payments are returned unpaid, the Plan Administrator reserves the right to charge the Self-Paying Member an insufficient funds fee up to the maximum amount permitted by law.

d. Customer Service:

All questions relating to My Secure Advantage™ orders or any payments made using the Self-Paying Member’s credit card should be directed to the Plan Administrator, and not to the Self-Paying Member’s credit card company. My Secure Advantage™ 1-888-724-2326 will show up on the Self-Paying Member’s credit card descriptor. The Self-Paying Member may contact the Plan Administrator regarding their My Secure Advantage™ order or any payments made using their credit card by calling the Plan Administrator at 1-888-724-2326.

e. Error Resolution Policy:

If a Self-Paying Member believes that any payment transaction initiated by the Plan Administrator (or its agent) with respect to their credit card is erroneous, or if the Self-Paying Member needs more information about any such transaction, they should contact the Plan Administrator as soon as possible by telephone at 1-888-724-2326. In any event, the Plan Administrator must hear from the Self-Paying Member no later than 90 days after the date the questionable transaction FIRST appeared on the Self-Paying Member’s credit card account statement. When contacting the Plan Administrator, provide the following information:

i. Self-Paying Member’s name and the email address associated with their My Secure Advantage™ customer account,

ii. a description of the error or the payment the Self-Paying Member is unsure about, and a clear explanation as to what is believed to be in error or why more information is needed,

iii. the dollar amount of the suspected error,

iv. the transaction date and associated transaction identification number from the Self-Paying Member’s credit card account statement,

v. a telephone number at which the Self-Paying Member can be reached in case the Plan Administrator needs further information,

vi. the telephone number of the credit card company, and

vii. that portion of the Self-Paying Member’s credit card account statement containing the My Secure Advantage™ transaction information (if requested).

viii. If the information is provided to the Plan Administrator orally, the Plan Administrator may require that the complaint or question be sent to the Plan Administrator in writing within ten (10) business days. A "business day" means Monday through Friday, excluding federal banking holidays.

f. Plan Administrator Liability:

If the Plan Administrator fails to charge the Self-Paying Member’s credit card account in accordance with these Terms and Conditions, in the correct amount, it may be liable for certain losses directly caused by its failure as the law may impose in such cases. However, the Plan Administrator will not be liable where:

i. the Self-Paying Member’s credit card returns as having insufficient funds;

ii. the Self-Paying Member’s credit card account is closed or charges restricted;

iii. any terminal or system was not working properly and the Self-Paying Member was advised of that before he or she initiated the payment;

iv. circumstances beyond the Plan Administrator’s control (such as flood, fire, power outages, mechanical or system failures);

v. Self-Paying Member’s credit card company refuses to honor the transaction;

vi. the Self-Paying Member’s instructions are lost or delayed in transmission to the Plan Administrator;

vii. a reasonable security concern, such as unauthorized use, causes the Plan Administrator not to honor the Self-Paying Member’s instructions;

viii. this payment option has been discontinued or suspended;

ix. the Plan Administrator advised the Self-Paying Member that their request would not be processed; and

x. Other exceptions allowed by law. If the Plan Administrator’s error was unintentional and resulted from a bona fide error, its liability is limited to actual damages, which shall not exceed the total sum of those charges deducted from the Self-Paying Member’s credit card account in error.

  # 8. CANCELLATION POLICY: The Self-Paying Member may cancel their membership at any time by calling the Plan Administrator at 1-888-724-2326 and asking for an MSA Representative, by emailing msamembership@mysecureadvantage.com or via online chat at www.mysecureadvantage.com. Canceling a financial coaching appointment does not constitute the cancellation of a membership. For any such membership cancellations, the following rules apply:

a. Definitions

i. Billing Day: The same day each month as the enrollment date. For example, if the enrollment date = June 5, the billing day in subsequent months = July 5, August 5, September 5, and so on.

• Billing Month: A one-month period that commences on the billing day and ends on the day before the next billing day. For example, if the enrollment date is June 5, the billing months would be as follows:
• Billing month 1 = June 5 - July 4
• Billing month 2 = July 5 - August 4
• Billing month 3 = August 5 - September 4
• And so on.

ii. Billing Period: The period of time that corresponds with your billing frequency:

• Monthly = 1 billing month
• Quarterly = 3 billing months
• Annually = 12 billing months

b. Rules

i. Cancellations within the first five (5) calendar days of the billing period:

ii. If you cancel within (5) days of the start of your billing period, you are entitled to a full refund for that billing month. All program benefits will be suspended as of the date that the cancellation occurs.

iii. Cancellations after six (6) or more calendar days after start of billing period:

iv. If you cancel (6) days or more after the start of your billing period, you will receive a full refund for all subsequent billing months remaining in the billing period (for which you have paid). You will be entitled to full program benefits until the end of the billing month in which the cancellation notice is received by the Plan Administrator.

v. It is the Self-Paying Member’s sole responsibility to make use of the Benefits afforded to them by MSA under the Plan they have selected. Failing to access and make use of the Benefits afforded by the Plan is not grounds for receiving a refund from MSA for months when the Member did not access the Benefits that were available to them at that time.