Bodaty deyaPayTM

Payments Terms of Service

Last modified January 29, 2022

These Terms of Service (the “Agreement”) establish a legally binding contract between You (“You” or “User”) and Bodaty (the “Company”, “us”, “we”, or “our”) governing Your use of Bodaty's deyaPay services (“deyaPay Services.”) By agreeing to this Agreement, You acknowledge that You understand and accept the deyaPay Account Terms of Service and Bodaty Privacy Policy, available at https://bodaty.com/privacy-policy-terms.html or https://deyapay.com/policy.html, in addition to this Agreement.

Bodaty may amend this Agreement at any time by posting a revised version on Bodaty's website or through its mobile phone applications. Your continued use of the deyaPay Services following an update amounts to your acceptance thereof. Notwithstanding the preceding sentence, Bodaty will inform you of any updates

  1. Compliance with the Rules.
    You agree that the performance of any action by the Company to debit or credit an account or transfer funds is excused from the performance of such action to the extent that the action is inconsistent with United States law, including the obligations of the Financial Institution under Office of Foreign Assets Control ("OFAC") or any program administered by the United States Department of the Treasury's Financial Crimes Enforcement Network ("FinCEN"). You agree generally and warrant to Company that all actions by You contemplated by this Agreement, including the preparation, transmittal, and settlement of entries and payment orders, shall comply in all material respects with United States laws, regulations, regulatory guidelines and guidance, and official commentaries, including without limitation all such regulations, guidelines, and commentaries issued by the Board of Governors of the Federal Reserve and the Federal Financial Institutions Examination Council ("FFIEC"), ORAC, FinCEN, NACHA, and the rules and regulations promulgated by any financial institution or payment processor (collectively, the “Rules”). You expressly authorize Company to charge You with any fines or penalties imposed by OFAC, NACHA, or any organization or entity, which are incurred as a result of non-compliance with the Rules by You and You agree to fully reimburse and/or indemnify, defend, and hold harmless Company for such charges or fines or any action taken by any entity or organization related thereto. The duties of the Parties set forth in the following paragraphs of this Agreement in no way limit the requirement of compliance with the Rules.
  2. Bodaty Services.
    Bodaty provides Users with certain payment functionality through its online or mobile Application, deyaPay (the “App” or “deyaPay”) that gives You the ability to send and receive electronic payments to other individuals and entities that maintain a deyaPay Account and that have agreed to participate in the App and to withdraw and deposit funds into the bank or credit union account that you link to Your deyaPay Account (“linked Bank Account”). This payment functionality is solely for the purpose of paying for goods and services within Bodaty apps and websites. These services are enabled through various third-party API services. Bodaty is the provider of User Accounts (“deyaPay Account(s)” or “Account(s)") in deyaPay. Funds held in a deyaPay Account are held by a financial institution (“Bank”) in a non-interest bearing account for your use and benefit. Funds transfers are based on instructions issued through the App. You may fund transactions through the App by (a) requesting a transfer from Your deyaPay Account balance held in a deyaPay Account, or (b) requesting a direct transfer from Your linked Bank Account. In order to use the App's payment functionality, Users must open a deyaPay Account provided by Bodaty. A deyaPay Account, however, can only be accessed and managed through the App or other apps that have licensed and integrated Bodaty's deyaPay functionality. Notifications of deyaPay Account activity will be sent by Bodaty via the App and/or the email address that you provide to Bodaty. To enable these services, Bodaty must collect the information required from You under the deyaPay Application that You filled out online or provided through the App for the purposes of opening and managing the deyaPay Account. In certain instances, Bodaty may require You to provide additional data to validate or complete the opening of a deyaPay Account and You agree to provide such data. You are responsible for providing accurate and complete information for these purposes and to update Bodaty regarding any changes to the information provided to Bodaty.
  3. Third-Party Providers. Functionality of the App is dependent upon the following third-party providers:
    1. For credit and debit card payments processing, and ACH debits, the App is dependent on services provided by Stripe Inc. By agreeing to this Agreement, and to enable these services, You acknowledge that You understand and accept the Stripe Inc. Terms of Use and Privacy Policy, available at https://stripe.com/us/ssa, in addition to this Agreement and Bodaty's Privacy Policy.
    2. For bank account validation (to ensure that your account is authorized and valid and linked to you) and linking bank accounts to the App, the App relies on Plaid Inc. By agreeing to this Agreement, and to enable these services, You acknowledge that You understand and accept the Plaid Inc. Terms of Use and Privacy Policy, available at https://plaid.com/legal/, in addition to this Agreement and Bodaty's Privacy Policy.
    3. For wallet and payments services, the App uses services provided by Apple Inc. and its Apple Pay wallet and payments service. By agreeing to this Agreement, and to enable these services, You acknowledge that You understand and accept the Apple Inc. and its Apple Pay Terms of Use and Privacy Policy, available at https://support.apple.com/en-us/HT201469, in addition to this Agreement and Bodaty's Privacy Policy. The App also uses services provided by Google Inc. and its Google Pay wallet and payments service. By agreeing to this Agreement, and to enable these services, You acknowledge that You understand and accept the Google Inc. and its Google Pay Terms of Use and Privacy Policy, available at https://pay.google.com/about/terms/, in addition to this Agreement and Bodatys Privacy Policy.
  4. Eligibility:
    You must be 18 years or older and a resident of the United States of America to open an Account or otherwise use the Services contained within this Agreement. You agree that You will not open or attempt to open a deyaPay Account if You do not meet these criteria. Bodaty will terminate the Account of any User that does not meet the eligibility criteria. Bodaty may ask that You provide certain information to confirm Your identity, and You agree to provide such information.
  5. Password security:
    You acknowledge and agree that the security procedures offered by Company, including (without limitation) any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection herewith, constitute commercially reasonable security procedures under applicable law for the initiation of Your use of the App. You are responsible for keeping Your Account login information and password secure. If You share Your Account credentials with another person, or fail to maintain the confidentiality of such credentials, You are responsible for all activity that person conducts using Your Account, regardless of whether or not You authorized the activity. Bodaty will never ask You for Your Account credentials. Account access is linked to Your mobile phone number and uses One Time Passwords and mobile phone based biometric login methods of authentication expressly authorized by You at the time You opt in to such methods, and it is Your responsibility to ensure these remain secure. You are strictly responsible to establish and maintain the security of Your device and credentials to safeguard against unauthorized transmissions. You represent and warrant that no individual will be allowed to initiate transfers in absence of proper supervision and safeguards, and agree to maintain the confidentiality of Your device(s) and any passwords. You authorize Company to follow any and all instructions entered and/or initiated by You or Your device, through the App. This shall be the case unless and until You or an authorized individual has notified Company, according to the notification procedures of this Agreement, that Your account or any authorized, linked device has been stolen, compromised, or otherwise become known to persons other than authorized users; and Company has had a reasonable opportunity to act upon such notice. The occurrence of unauthorized access will not affect any transfers made in good faith by the Company prior to receipt of such notification and within a reasonable time period to prevent unauthorized transfers.
  6. Bank Account Verification and Authorization.
    To enable deyaPay payment functionality provided by Bodaty, Users must expressly authorize and link a Linked Bank Account to their deyaPay Account for the purpose of authorizing debits and credits to the Bank Account. Your ownership of the Linked Bank Account must be verified before access to the payment functionality of the App is enabled. This may be accomplished by Bodaty via one or more of the following methods:
    • Micro deposit verification - provided by Stripe.
    • Instant account verification - provided by Plaid.
    • Other commercial reasonable account verification methods.

    In certain instances, Bodaty may require You to provide additional data to verify ownership of a linked Bank Account and You agree to provide such data and to update such data. Users are currently only able to link one Bank Account. You are required to provide Bodaty with any updates related to Your Bank Account including all authorized users and signers.

    You expressly authorize Bodaty to withdraw amounts authorized by You under this Agreement, without any prior notice to You, via the automated clearing house (“ACH”) from your Linked Bank Account, including without limit all purchases, refunds, chargebacks, and any losses suffered by Bodaty including fines, penalties, or other assessments from any third party related to Your use of deyaPay.

  7. Transfer, Deposit, and Withdrawal Limits.
    Users will have a transfer limit of $1,000.00 per transfer. Even if the system does not enforce the limit, You are required to abide by this limit as a condition of Your compliance with this Agreement. Bodaty may, at its discretion, impose additional limits on the transactions You conduct through the Services. These limits may change from time to time in Bodaty's sole discretion.
  8. Payment Methods:
    Your Account balance consists of the funds You have in Your deyaPay Account balance that are available for new transactions and are not subject to pending transactions. When You make a payment through the App, we first check if Your Account balance can cover the transaction. You may also be able to fund payments with your Linked Bank Account. Unless otherwise specified by You, we use Your Account balance first if the balance is sufficient to cover Your payment. If there is not enough money available in Your Account balance to cover the transaction, we may use Your designated primary Account or other card or linked payment method ("Payment Method") to make the payment in its entirety. This Payment Method may differ depending on the type of payment You are making. If there is not enough money available in Your designated primary Payment Method to make the payment, we will not complete the transaction. To manage risk, we may limit the Payment Methods available for Your use to fund Your Account on any particular transaction. You shall at all times maintain in Your linked Bank Account immediately available funds, sufficient to cover any and all transactions, initiated by You. In the event there are not sufficient available funds in the linked Bank Account to cover Your obligations under this Agreement, You agree that Company may debit any account authorized by You, for any amount that You owe to Company, in order to obtain payment of Company's obligations under this Agreement.
  9. Bank Fees:
    You are solely responsible for complying with any terms or agreements set by Your bank or credit union with respect to Your linked Bank Account, including any fee terms, such as insufficient funds or overdraft fee terms. If You are entitled to a Reversal (as defined below), refund, or other adjustment associated with a payment You made using the Services or App, You also authorize Bodaty to credit Your linked Bank Account to complete that transaction.
  10. Automated Clearing House Clearing Times.
    If You link a bank or credit union account to Your Account, You may add funds to Your Account, withdraw money from Your Account, or send a payment using Your linked Bank Account. If You do so, You acknowledge that normal Automated Clearing House clearing times will apply. This means that the funds should generally be available to You or Your recipient within four (4) business days.
  11. Negative Balances:
    If Your deyaPay Account or linked Bank Account balance is negative, You will not be permitted to initiate transactions through the App.
  12. Fees:
    Bodaty charges fees for various services in the deyaPay system, which are detailed in the Mobile Application and Web Application. By using deyaPay You are agreeing to be charged the requisite fees for those services. You shall pay Company the fees for the services provided in connection with this Agreement, as set forth in Schedule E attached hereto. YOU SHALL BE RESPONSIBLE TO PAY ALL FEES DUE FOR THE TERM OF THIS AGREEMENT UNTIL YOU CANCEL BY PROVIDING NOTICE TO THE COMPANY. All fees and services are subject to change upon thirty (30) calendar days prior written notice from Company to You. Such notice may be provided via electronic communications, including but not limited to, electronic mail or through the App. Continued use by You of the App, pursuant to this Agreement, after notice of a fee change by the Company shall be conclusive proof that you agree to the new fee schedule, and shall be bound by same. Such fees or charges do not include, and You shall be responsible for payment of, any sales, use, excise, value added, utility or other similar taxes relating to such services, and any fees or charges provided for in the Agreement.
  13. Withdrawal of Consent:
    You may unlink Your bank account or other Payment Method at any time through the deyaPay Mobile App or Web Application. A positive deyaPay Account balance or at least one Payment Method, and a Linked Bank Account must be provided to utilize the App's payment functionality. To withdraw all other consents provided by this agreement, You may terminate Your Account pursuant to the procedures below.
  14. Account Termination:
    Bodaty reserves the right to suspend or terminate a deyaPay Account at any time, for any reason. Reasons for termination may include, but are not limited to, Your violation of this Agreement or any other applicable terms or policies of Bodaty; Account inactivity; or Bodaty's assessment that You pose an unacceptable risk based on Bodaty's confidential risk and security criteria. Bodaty also reserves the right to modify or terminate the Services at any time, for any reason. Bodaty, in accordance with its own risk policies, will determine, in its reasonable discretion, whether a deyaPay Account may be opened and continue to be used. Bodaty reserves the right to suspend or terminate a deyaPay Account at any time if: (a) Bodaty determines, in its reasonable discretion, that the deyaPay Account's activities violate the deyaPay Account Terms, any other applicable Bodaty agreement or policy, or any Applicable Laws; (b) Bodaty determines, in its reasonable discretion, that the risk associated with the deyaPay Account is too high; or (c) for any other reason, in Bodaty's reasonable discretion. You may terminate Your deyaPay Account at any time as long as You have no pending transaction(s) or open disputes, by using the deyaPay Mobile App or Web Application.
  15. Legal Compliance:
    By using the Services, You represent and warrant that You (i) will use the App only in compliance with applicable Federal, State, and local laws and regulations, (ii) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (iii) are not listed on any U.S. Government list of prohibited or restricted parties.
  16. Prohibited Activities:
    You agree that in connection with Your use of the Services and Your interactions with Bodaty You will not:
    1. Breach this Agreement or any other applicable terms or policies of Bodaty;
    2. Provide false or inaccurate information to Bodaty, including identity information;
    3. Engage or attempt to engage in illegal or fraudulent activities;
    4. Engage in transactions involving illegal goods, including but not limited to, counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety (including synthetics, “potpourri not for human consumption”, bath salts, and other similar items);
    5. Engage in transactions involving illegal services, including but not limited to counterfeit services, illegal gambling, Ponzi, and/or pyramid schemes, and money laundering;
    6. Engage in transactions involving debt collection services;
    7. Engage in transactions involving escort services, pornography, or human trafficking;
    8. Engage in transactions involving the purchase and/or sale of lottery tickets;
    9. Engage in transactions related to online gambling, or activities prohibited by FinCEN, including money services business activities and payday lending;
    10. Attempt to receive or actually receive duplicate compensation for a disputed payment from the recipient (such as a seller), Bodaty, and/or Your bank or credit union;
    11. Engage in any transactions that violate the Rules; or
    12. Engage in activity that indicates, in the discretion of Bodaty, that there may be a high level of risk associated with You, Your Account, or any of Your Account activity.

    If You engage in any of these above, Bodaty has the right to contact Your bank, other Bodaty users, law enforcement, and/or other impacted third parties of Your actions.

  17. Unauthorized Transactions and Error resolution:
    Contact Bodaty immediately at deyapay.support@bodaty.com if You think that: (a) Your Account has been accessed without Your authorization, (b) a transaction that You did not authorize has occurred, (c) a transaction has been processed incorrectly to or from Your Account, or (d) Your Account statement contains an error regarding Your transaction history (each, an “Error”). If You give someone access to Your Account and that person conducts transactions without Your authorization, these transactions are not considered Errors, unless You are the victim of a phishing attack or similar exploit. You agree to and understand that You must notify Company within sixty (60) days after the Account statement is provided on which the suspected Error first appeared. Failure to notify us of any such Error shall amount to a waiver of any claim that You may have, or assert, related to any charge. When You timely notify us of the suspected Error, please provide:
    • Your name and Account number;
    • The nature of the suspected Error and why You believe it is an Error; and
    • The dollar amount of the suspected Error.

    If You notify us by phone, we may require that You also send us Your inquiry by email within 10 business days. Thus, contacting us by email at deyapay.support@bodaty.com is preferred.

    We will attempt to determine whether an Error occurred within 10 business days after You notify us, and will make reasonable efforts to correct any Error, at our sole discretion. In the event more time is needed to properly investigate a properly notified Error, we may take up to an additional 45 days to investigate said Error. If we decide to do this, we will credit Your Account within 10 business days for the amount of the suspected Error. If we ask You to send Your inquiry by email and we do not receive it within 10 business days, we may not credit Your Account. For Errors involving new Accounts, we may take up to 90 days to investigate, and may take up to 20 business days to credit Your Account.

    Bodaty will tell You the results within 5 business days after completing our investigation. If we decide that there was no Error, we will provide You a written explanation. You may ask for copies of the documents that we used in our investigation.

  18. Transaction Reversals:
    Any payment that You receive may be reversed if: (a) the sender requests a reversal of the payment, (b) the sender's bank or credit union requests a reversal of the payment, or (c) Bodaty decides a dispute against You (each a “Reversal”). You are liable for the full amount of any payment that You receive that is subject to a Reversal, and any and all fees associated with the Reversal, if applied. You authorize Bodaty to recover any Reversal amounts due by debiting Your available Balance. If You have an insufficient Balance, You authorize Bodaty to take any of the following actions to recover the remaining amounts from You:
    • Debit the bank or credit union account(s) linked to Your Account;
    • Suspend Your Account and require Your immediate payment; or
    • Engage in collection efforts.
  19. Customer Support:
    Customer support for all Bodaty Services and deyaPay Account activity are provided by Bodaty. To contact customer support, email deyapay.support@bodaty.com.
  20. Your Liability and Actions Bodaty May Take:
    You are responsible for all Reversals, claims, fees, fines, penalties, and other liability incurred by Bodaty, other Bodaty users, or third parties arising from Your breach of this Agreement or Your use of Bodaty Services. You agree to reimburse Bodaty, other Bodaty users, or third parties for any and all such liability.
    If Bodaty determines, in its sole discretion, that You may have breached this Agreement, that You or Your Account activity presents risk or security concerns, or if Bodaty is unable to verify Your identity, we may take actions to protect Bodaty and our users, or other third parties from Reversals, claims, fines, penalties, and any other liability. These actions may include, but are not limited to, the following:
    1. Suspending Your access to Your Account and/or Bodaty Services;
    2. Suspending Your access to Your funds held in a Holding Account for up to 90 days;
    3. Taking action as set out in Section 18 (Transaction Reversal) to recover amounts that You owe;
    4. Closing Your Account;
    5. Contacting Your bank and/or other Bodaty users, law enforcement, or other impacted third parties of Your actions;
    6. Refusing to provide the Services to You in the future; and
    7. Taking legal action against You.
    Bodaty will provide You with notice if we take any of the above actions against Your Account. If Bodaty limits or suspends Your Account, Bodaty will provide You with notice of the action.
  21. Notice of Changes:
    We may provide You with notice regarding upcoming changes to the Company's terms or Agreements by email sent to Your registered email address or message sent to the phone number associated with Your account. It is Your responsibility that You keep Your email contact information current. In addition, Bodaty may notify You directly, of any changes to the Bodaty and deyaPay Account Terms, any service outages or other announcements, or other information Bodaty is required by Applicable Law to share with its Users.
  22. Consent to Receive Electronic Communications:
    By opening an Account and using the Services, You consent to receive all Communications from Bodaty electronically and You confirm that You can access, receive and retain such Communications. “Communications” means all communications, terms, disclosures, notices, and statements that Bodaty provides to You in connection with Your Account and Your use of the Services. Bodaty may provide Communications to You by posting them on Bodaty website or by emailing You at the email address provided (if You provided one) or messaging You at the mobile number associated with Your Account.

    You must keep Your email address and phone number updated in order to receive Communications from Bodaty. To update the email address and phone associated with Your Account, use the deyaPay Mobile App or the Web Application.

    You may withdraw Your consent to receive Communications electronically by contacting Bodaty at deyapay.support@bodaty.com. If You withdraw Your consent, Bodaty may prohibit You from using the Services and may close Your Account.
  23. Consent to Share Personal and Account Information:
    By accepting this Service Agreement, You consent to Bodaty's disclosure of Your personal information and linked Bank Account information to other third parties for the following purposes:
    • As necessary for third parties to complete or resolve any payment transactions between You and other Users;
    • To verify the validity of Your linked Bank Account;
    • To comply with government agencies, court orders, or as otherwise required by law;
    • To verify Your identity for purposes of compliance with any and all applicable laws, including without limitation the USA PATRIOT Act;
    • To comply with inquiries in connection with fraud prevention or any investigation;
    • For our internal business purposes, including, without limitation, data analysis and audits; or
    • As otherwise permitted by the terms of our Privacy Policy, available at https://deyapay.com/policy.html.
  24. Indemnification:
    You agree to defend, indemnify, and hold Company and their respective officers, directors, agents, employees, and suppliers harmless from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys' fees and other litigation expenses) arising from: (a) Your violation of this Agreement or any other applicable terms or policies of Bodaty; (b) Your use of the Services; or (c) Your negligence or willful misconduct; and/or (d) Your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules.
  25. Limitation of Liability:
    IN NO EVENT SHALL BODATY, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (I) THESE TERMS, (II) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, OR (III) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER BODATY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BODATY'S LIABILITY AND THE LIABILITY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS EXCEED THE FEES BODATY HAS RECEIVED FROM YOU THROUGH YOUR USE OF THE SERVICES FOR THE FOUR (4) MONTH TIME PERIOD THAT PRECEDED YOUR CLAIM. BODATY SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    Bodaty shall not have any liability to You for any transfers of money, including without limitation, (i) any failure, through no fault of Bodaty, to complete a transaction in the correct amount, or (ii) any related losses or damages. Bodaty shall not be liable for any typographical or keystroke errors that You may make when using the Service. You agree that You, not Bodaty, are responsible for resolving any payment or other disputes that You have with any other user with whom You send money to, or receive or request money from, using the Service.

  26. BINDING ARBITRATION.
    ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN CHICAGO ILLINOIS IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER THIS AGREEMENT. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF ILLINOIS AND (II) ON THE AAA REGISTER OF ARBITRATORS. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN ILLINOIS. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL SO SELECTED, TO THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION APART FROM THIS SECTION, WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT THE ADDRESS PROVIDED HEREIN. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL, AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR'S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR'S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR'S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH OF THE PARTIES HERETO FURTHER AGREES THAT IT WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION AGAINST THE OTHER PARTY. FURTHER THE PARTIES AGREE THAT THEY WILL NOT ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OF ANY GROUP, CLASS, OR OTHERWISE SIMILARLY SITUATED INDIVIDUAL OR ENTITY.
  27. No Warranty:
    BODATY'S SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICES IS AT YOUR OWN RISK. BODATY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, AND PARTNERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BODATY DOES NOT HAVE CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. BODATY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODATY OR THROUGH BODATY'S SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. BODATY SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  28. Force Majeure:
    You understand and agree Bodaty will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond Bodaty's control, including, but not limited to, acts of God, acts of third parties or its financial institution partners, the ACH Network, embargoes, governmental acts or restrictions, strikes, riots, insurrection, wars, or other military action, acts of terrorism, civil disorders, rebellion, fires, floods, vandalism, or sabotage. In such an event, Bodaty may suspend the Services and access to Your Account.
  29. Assignment:
    You may not transfer or assign any rights or obligations You have under this Agreement. Bodaty reserves the right to transfer or assign any rights or obligations under this Agreement at any time.
  30. Applicable Law:
    You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, govern this Agreement and any claim or dispute that has arisen or may arise between You and Bodaty.
  31. Electronic Signature Authorization.
    Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when: (1) Bodaty or User's electronic signature is associated with the documents, (2) Bodaty or User consents and intend to be bound by the documents, and (3) the document is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., email, print, or otherwise store the electronic record). When accepted in electronic form all electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept” or “I Agree”, Bodaty or User, as the case may be, agrees: (i) that the documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of the documents, and (iii) that it has had the ability to print or otherwise store the documents.
  32. Complete Agreement, No Waiver, and Survival:
    These Terms, along with any applicable terms and policies of Bodaty that You have agreed to, set forth the entire understanding between You and Bodaty with respect to Bodaty's Services. Any failure of Bodaty to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any provision of this Agreement held to be invalid or unenforceable under applicable law shall be struck, and the remaining provisions will continue in full force and effect.