CINCH MOBILE WALLET TERMS & CONDITIONS
The Cinch Mobile Wallet is a convenient, closed loop prepaid payment product that allows you to shop and receive discounts at your local participating merchants, stores, restaurants and shops (“Participating Merchants”) in your own community (the “Community”). This document constitutes the agreement (“Agreement”) outlining the terms and conditions governing your use of the Cinch Mobile Wallet (“eWallet”) and the treatment of the funds contained therein. By downloading the Cinch mobile application (“Cinch App”) and registering for an eWallet, you agree to be bound by the terms and conditions contained in this Agreement.
Please read this Agreement carefully and keep it for future reference.
“You” and “yours” means the person or persons who have created an eWallet and are authorized to use the eWallet as provided for in this Agreement. “We,” “us,” and “our” mean Cinch Technologies, Inc., our successors, affiliates or assignees.
- Cinch Mobile Wallet Program
The eWallet is a virtual prepaid access device that has been issued pursuant to the Cinch eWallet program. You will not receive a plastic card. Use of the eWallet allows you solely to purchase goods and services from Participating Merchants. The eWallet does not constitute a checking, savings, or other bank account and is not connected in any way to any account you may have. The eWallet is not a credit card. You will not receive any interest on the funds in the eWallet and the eWallet funds are not FDIC insured. The eWallet is not a gift card, nor is it intended to be used for gifting purposes.
The funds loaded into your Cinch eWallet do not expire, and there are no fees for use of the eWallet. However, if you do not use the eWallet for more than 24 consecutive months, a $4.99 monthly maintenance fee will be debited. See below for details.
The Cinch App allows you to use your supported mobile device to make purchases of goods and services from “Participating Merchants” in your Community with your eWallet. You can obtain a list of Participating Merchants in your Community, together with any incentive or discount such Participating Merchants may offer, at any time by accessing the Cinch App. Participating Merchants have agreed to provide a minimum discount of at least 5%. However, Participating Merchants can change or offer new discounts each day; you should check the offers on your eWallet regularly.
You hereby authorize us or our assignees and service providers to add or deduct funds from your eWallet based upon transactions you conduct at Participating Merchants and requests to load funds to your eWallet in accordance with this Agreement. You acknowledge and agree that funds loaded to your eWallet may only be used to make purchases at Participating Merchants that accept payments from Cinch eWallets. If you have a dispute with a Participating Merchant regarding goods or services purchased with your eWallet, you agree not to involve us in that dispute and to resolve that dispute solely with the Participating Merchant. You acknowledge that Cinch is only hosting the Cinch website and Cinch App, and marketing and managing the eWallet program, including facilitating the payment transaction between the Participating Merchants and eWalletholders.
- Your Representations and Warranties
Except as set forth in Section 5, by creating an eWallet or by using or authorizing the use of the eWallet, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the eWallet is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms and all applicable law; and (vi) you accept these eWallet Terms and Conditions. If you do not meet any of the above requirements, contact us at firstname.lastname@example.org or 212.660.0022 to cancel your eWallet before using it.
- Using Your eWallet
You may use your eWallet to pay for goods and services at Participating Merchants in your Community wherever the Cinch eWallet is honored as long as you do not exceed the value available in your eWallet. You are personally responsible for all transactions initiated by your use of your eWallet or any apparent authorized use of your eWallet. If you permit someone else to use your eWallet, we will treat this as if you have authorized such use and you will be responsible for any transactions initiated as a result of such use.
The value of the funds in your eWallet may differ between Participating Merchants depending on any discount or incentive provided by a particular Participating Merchant. Each time you use your eWallet, the Cinch App will display the amount of value available to spend at that particular Participating Merchant. You authorize us to reduce the value available in your eWallet by the amount of the transaction at that particular Participating Merchant. You are responsible for knowing what the balance is in your eWallet. You are not allowed to exceed the available amount in your eWallet through an individual transaction or a series of transactions. Nevertheless, in the event that a transaction is approved (perhaps due to a system malfunction or otherwise) that exceeds the balance of the funds available in your eWallet (creating a “shortage”) you shall remain fully liable for the amount of the transaction. You agree to pay us promptly for the shortage upon our request. We also reserve the right to cancel your eWallet should you create a shortage with your eWallet. You may not have more than one eWallet. If we discover that you have more than one eWallet, we reserve the right to cancel it immediately.
If you do not have enough value loaded in your eWallet you have two choices; as described further below, you can go onto your Cinch App and load additional funds from your designated payment card (subject to applicable terms and conditions); OR you can instruct the merchant to charge a part of the purchase to the eWallet and pay the remaining amount with cash or another payment method. These are called “split transactions”. Some merchants do not allow accountholders to do split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
You do not have the right to stop payment on any purchase transaction originated by use of your eWallet, except as otherwise provided herein.
Cinch Bonus and Referral Program
To help get you started using your eWallet, Cinch provides a first load bonus. The first time you load funds into your eWallet, Cinch will add an additional amount to your eWallet balance. The bonus amount will be reflected in your eWallet balance within 3 business days of the first time you load funds into your eWallet.
You can also earn money by referring others to Cinch. Cinch will add funds to your eWallet based on the following:
- $10 per referral for the first 10 referral
- After 10 of your referrals have active Cinch eWallets, for each new referral that opens and uses a Cinch eWallet, Cinch will credit 1.5% of each new eWallet transactions for X time plus $5 per referral
- Then after 30 active referrals, you receive the benefits from line 2 plus a $250 bonus payment
- Then after 50 active referrals, you receive the benefits from line 2 plus a $500 bonus payment
Cinch Charitable Donation Program
Cinch donates 10% of its revenues to local charities in the Community. eWalletholders have the ability to choose what charity they would like to support. A list of eligible charities is found in the Cinch App.
If you would like to add a charity to the list of eligible charities for donations, please contact us at email@example.com to submit your request. To become an eligible charity, the organization must either be registered as a 501(c)(3) entity or be an educational institution. Cinch has complete discretion to approve or deny a proposed charity.
- Family eWallet
Cinch permits users to establish a Family eWallet. Although a Family eWallet can be accessed and used by more than one authorized user, it is a single account. To establish a Family eWallet, there must be a user over the age of 18 that undergoes proper eWallet opening procedures and meets all the requirements in Section 3 of these terms and conditions. Once the eWallet is established, the eWalletholder can create a Family Wallet. Using a Family eWallet, parents or authorized guardians can approve up to four children under the age of 18 to use the single Family eWallet account to make purchases at Participating Merchants. The original eWalletholder is ultimately responsible for all transactions made using a Family eWallet.
- Limitations on the Use of Your eWallet
In addition to other limitations discussed in this Agreement, the following limitations apply to your eWallet:
- A maximum aggregate value of up to $1,000 is allowed in your eWallet at any time.
- You may not use your eWallet to make any international transactions or transactions in foreign currency.
- You may not use your eWallet to make purchases outside of your Community, or at merchants that are not Participating Merchants.
- You may not use your eWallet to transfer funds to another individual.
- You may not use your eWallet for any illegal transactions, nor may you use your eWallet at casinos or for gambling activity.
- Your eWallet can be used only to access good and services. You may not redeem the value in your eWallet for cash or use it at any ATM.
- Loading Value to Your eWallet & Accessing Your eWallet Balance
Value may be loaded to your eWallet only through charges made from your designated debit or credit card (collectively, “payment card”) directly through the Cinch App. You cannot load your eWallet through a Participating Merchant or other retail location. You represent and warrant that you have the authority to charge the payment card which you have designated for purposes of loading funds to your eWallet and that such payment card is in good standing. Once you load value to your eWallet, Participating Merchants are obligated to honor your purchase of goods and services up to the amount of funds remaining in your eWallet at the time of purchase.
A maximum aggregate amount of up to $1,000 is allowed in your eWallet at any time. So long as the balance on your eWallet is less than $1,000, additional value authorized by the issuer of your designated payment card and added to your eWallet will be made available when we receive information about the reloaded value. It is possible, however, that your ability to use funds at Participating Merchants may be delayed in cases of error transmissions or transfer irregularity. If we are notified that the payment card transaction you have used to load your eWallet has been challenged, or reversed, we will debit the amount from your eWallet balance, and (unless the charge was unauthorized) you agree to pay any shortage resulting upon request.
You authorize us to recover any funds erroneously added to your eWallet. If an authorized addition to your eWallet has an error or if you require additional information regarding funds added or loaded, you must contact us immediately.
You should keep track of the amount of value loaded in your eWallet. You may view the amount of value remaining in your eWallet by logging into your eWallet on the Cinch App at any time or by calling us at the Customer Service number listed below at any time to obtain the current value in your eWallet. To reach us to obtain the balance or if you have questions on eWallet usage, including questions about any of these terms and conditions, call 202.660.0022. Participating Merchants may not have access to accurate information regarding the available funds in your eWallet.
Each Participating Merchant determines its policy regarding refunds and the availability of refunds. If you obtain a refund for a good or service, you agree to accept credits to your eWallet for such refunds. The amounts credited to your eWallet for refunds may not be available for up to five (5) business days from the date the refund transaction occurs unless otherwise required by law.
- Funds Expiration; Maintenance Fees.
The funds in your eWallet do not expire. However, if you do not use your eWallet for more than 24 consecutive months, we reserve the right to debit a maintenance fee of $4.99 per month until you reactivate the eWallet, or until the remaining funds are depleted, whichever happens first.
- Our Liability for Failure to Complete Transfers from Your eWallet
If we do not complete a transfer to or from your eWallet on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable for failing to complete a transaction if, for instance:
(1)Through no fault of ours, your eWallet funds are insufficient for the transaction or are unavailable for withdrawal;
(2)The Cinch App was not working properly and you knew about the problem when you initiated the purchase or transfer;
(3)Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken;
(4)A merchant refuses to accept payment with the eWallet or fails to honor an advertised promotion;
(5)You are not properly enrolled into the Cinch eWallet program;
(6)We do not complete the transaction because you have reported to us that your mobile device that you use to make purchases with the eWallet has been lost or stolen;
(7)We do not complete the transaction because your eWallet has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
(8)As otherwise provided in this Agreement.
See the Electronic Fund Transfer Disclosure and Agreement below for additional information on your transfers to your eWallet from your designated debit card.
You acknowledge that purchases made with the eWallet are similar to those made with cash. You cannot “stop payment” or lodge a “billing dispute” on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the Participating Merchant.
There is no fee for activating your eWallet account on a new mobile device.
- Other Terms
Your eWallet and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your eWallet is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of New York, except to the extent governed by federal law.
- Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such a change without prior notice.
We may cancel or suspend your eWallet or this Agreement at any time. We may for any reason discontinue offering, supporting or participating in the Cinch eWallet program. You agree that we will not be liable to you or any third party for any modification or discontinuation of your eWallet. You may cancel this Agreement by contacting us at firstname.lastname@example.org. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. If your eWallet is cancelled upon your request, we will send you a check for all remaining funds after deducting any fees, charges, and outstanding transactions.
- Disclaimer of Warranties
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase from a Participating Merchant. We are not responsible if any Participating Merchant refuses to honor payment with the eWallet. If a Participating Merchant fails to honor payment with the eWallet, please notify us immediately.
From time to time the Cinch App or your eWallet may be inoperative, and when this happens, you may be unable to use your eWallet to make purchases or obtain information about your balance. Please notify us if you have any problems accessing the Cinch App or your eWallet. You agree that we are not responsible for any interruption of service.
- Limitation of Liability
- Unclaimed Property
If we have no record of eWallet activity for three or more years, applicable law may require us to report and pay any unclaimed funds remaining in your eWallet, subject to permissible fees, as unclaimed property to your state of residence, as shown by our records. Should your eWallet have a remaining balance after a certain period of time, we may be required to remit those funds to the appropriate state agency.
- Privacy & Data Protection
(i) Information We Collect (“eWalletholder Information”): (a) Information about purchases made with an eWallet, such as date, amount, and place of purchase; (b) Information such as name, address, or phone number that you provide when you register for an eWallet or when you contact us with customer service issues.
(ii) Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to eWalletholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard eWalletholder Information.
(iii) Disclosure: We may use eWalletholder Information to provide customer services, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose eWalletholder Information for the same purposes to companies that work with us. For example, we may provide certain eWalletholder Information to companies that perform business operations or services, including marketing services, on our behalf, or other institutions with which we have a joint marketing agreement. We may also provide certain eWalletholder Information to others as permitted by law, such as to government entities or other third parties in response to subpoenas. Without limiting the foregoing, we may disclose information to third parties about you, your eWallet or the transactions you make (1) Where it is necessary for completing transactions; (2) In order to verify the existence and condition of your eWallet for a third party, such as a Participating Merchant; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) With your permission; or (5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
- Telephone Monitoring and Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service as required by applicable law.
- Electronic Fund Transfer Disclosure and Agreement
General. This Electronic Fund Transfer Disclosure and Agreement (“EFT Disclosure”) is a part of and incorporated into your Cinch Mobile Wallet Terms and Conditions. The following disclosures concern when you transfer funds from your bank account with another financial institution (your “Bank Account”) to your Cinch Mobile Wallet account (“eWallet”). These EFT Disclosures do not apply to transfers of funds from your eWallet (see your Cinch Mobile Wallet Terms and Conditions for the terms applicable to your eWallet). As used in these EFT Disclosures, the words “you” and “your” refer to each owner of the eWallet account; and the terms “we,” “us” and “our” refer to Cinch.
Business Days. For the purposes of this EFT Disclosure, every day is a business day (“Business Day”) except Saturdays, Sundays, and federal holidays.
Types of Transfers and Limitations; Fees.
Transfers By Debit Card. You may use your eWallet to transfer funds from the Bank Account associated with your debit card to your eWallet. We charge no fees to make such transfers.
Limitations on Transfers. A maximum aggregate value of $1,000 is permitted in your eWallet at any time. You are not permitted to request any transfer of funds from your Bank Account to your eWallet that would cause the balance in your eWallet to exceed $1,000.
Statements and other Documentation.
Receipts. We will provide you a receipt in the Cinch App at the time you make any transfer from your Bank Account to your eWallet.
Statements will be available to you monthly in the Cinch App. The statements will list transfers made to and from your Bank Account to your eWallet. They may also list other transactions. Statements will not list all transactions involving your Bank Account.
Your Liability for Unauthorized Electronic Transfers. Tell us AT ONCE if you believe your eWallet or the mobile device holding your eWallet or any related PIN or password has been lost, stolen, or used without your permission to transfer funds from your Bank Account or if you believe that an electronic fund transfer involving your eWallet has been made without your permission. Telephoning is the best way of keeping your possible losses down. You may call us at 202.660.0022 or you may write: Cinch Key Technologies, Inc., 7 World Trade Center, 10th Floor, 250 Greenwich Street, New York, NY 10007. If you believe that the debit card or related PIN or password associated with your Bank Account has been lost, stolen or used without your permission, you must contact the financial institution that holds your Bank Account.
If you tell us within 2 Business Days after you learn of the loss or theft of your eWallet, the mobile device holding your eWallet, or any related PIN or password, you can lose no more than $50 if someone used your eWallet or related PIN or password without your permission. If you do NOT notify us within 2 Business Days after you learn of the loss or theft of your eWallet or the mobile device holding your eWallet or any related PIN or password, and we can prove that we could have stopped someone from using your eWallet without your permission if you had told us, you could lose as much as $500.
Also, if the periodic statement provided by us shows transfers of funds from your Bank Account to your eWallet, that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available in the Cinch App, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. We also will provide a reasonable extension to the time periods under certain other circumstances.
Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your eWallet on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable for failing to complete a transaction if, for instance:
- Through no fault of ours, there are insufficient funds for the transfer;
- The Cinch App or eWallet was not working properly and you knew about the problem when you initiated the transfer;
- Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken;
- A merchant refuses to accept payment with the eWallet or fails to honor an advertised promotion;
- You are not properly enrolled into the Cinch eWallet program;
- We do not complete the transaction because you have reported to us that your mobile device containing your eWallet has been lost or stolen;
- We do not complete the transaction because your eWallet has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
- As otherwise provided in this Agreement.
In Case of Errors or Questions About Your Electronic Transfers.
Please call us at 202.660.0022 or email us at email@example.com as soon as you can, if you think the receipt or periodic statement provided by us is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after you received the FIRST statement on which the problem or error appeared. If you elect to receive your statements electronically, you must notify us no later than 60 days after the FIRST statement with the problem or error was available to you online.
When reporting an error or making an inquiry:
1. tell us your name and account number;
2. describe the error or the transfer you are unsure about and explain, as clearly as you can, why you believe it is an error, or why you need more information;
3. tell us the dollar amount of the suspected error.
If you notify us orally, we may require that you also send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Bank Account within 10 Business Days for the amount you think is in error, so that you will have the use of your money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 Business Days, we may not credit your checking account. For errors involving new accounts or POS, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your Bank Account for the amount you think is in error. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation and we may reverse any credit we provided to you.
You may ask for copies of the documents that we used in our investigation. We are not responsible for errors, delays, and other problems caused by, or resulting from, the action or inaction of financial institutions holding the Bank Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
- Agreement to Arbitrate (“Arbitration Agreement”)
(a) Purpose: This Section sets forth the circumstances and procedures under which Claims (as defined below) that arise between you and us will be resolved through BINDING ARBITRATION instead of litigated in court. THIS MEANS THAT NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES (AS DEFINED BELOW). OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE OR MAY BE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
(b) Opt Out Process: You may choose to opt out of this Arbitration Agreement, but only by following the process set forth in this subsection (b). If you do not wish to be subject to this Arbitration Agreement, then you must notify us in writing within sixty (60) calendar days of the issuance of your eWallet at the following address: firstname.lastname@example.org. Your written notice must include your name, address, eWallet number, and a statement that you wish to opt out of this Arbitration Agreement.
(c) Scope: We each agree that all claims between us arising out of or related to the eWallet, your eWallet, and this Agreement (collectively, “Claims”) will be submitted exclusively to binding arbitration as set forth in this Section. This agreement to arbitrate applies to all Claims that could have been filed in court regarding the Claims, whether you or we are the first to file a Claim with the arbitral tribunal and whether the Claims are against you or us, or ours or your employees, agents, contractors or suppliers. This agreement to arbitrate covers all Claims between us under this Agreement, regardless of whether such Claim is based in contract, tort, statute, regulation, common law or equity, including, but not limited to, Claims arising out of or related to: (1) the validity, enforceability or scope of this Arbitration Provision or this Agreement; (2) the interpretation, execution, administration, amendment or modification of the Agreement; (3) any alleged breach of this Agreement or tort; (4) the eWallet, the eWallet, any transaction, eWallet benefits, features or services (whether provided by us or another service provider), any advertisement or solicitation, or your business, interaction, or relationship with us; (5) any charge or cost incurred pursuant to the Agreement or the collection of any amounts due under the Agreement; and (6) any statements or representations made by us to you with respect to the Agreement, the eWallet, the eWallet, any transaction, eWallet benefits, features or services (whether provided by us or another service provider) or any advertisement or solicitation, or your business, interaction, or relationship with us.
(d) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (“Rules”), except to the extent that the Rules conflict with this Agreement. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to initiate arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organization’s procedures.
(e) Class Action Waiver and Other Restrictions: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other eWalletholders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the “Survival; Severability” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section (other than this sentence) shall not apply.
(f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. Waivers may also be available from the JAMS or AAA. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative, and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
(g) Arbitration Procedures: This Section is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”), and the applicable Rules, except that (to the extent enforceable under the FAA) this Section shall control if it is inconsistent with the applicable Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Rules and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
(h) Survival; Severability: This Section shall survive termination of this Agreement, your eWallet, or the relationship between you and us concerning your eWallet, any permitted transfer, sale, or assignment of your eWallet, or any amounts owed on your eWallet, to any other person or entity as well as voluntary payment of any debt in full by you, any legal proceeding by or between you and us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Section, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section, the Agreement, or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
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