Power: Terms of Service

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Power Cash Terms of Service

Effective: December 31, 2024

These Power Cash Terms of Service (the “Power Cash Terms”) are a legal agreement between you, as a current or prospective user of the Services (“user,” “you,” and “your”), and Golden Order, Inc. (hereafter, “the Company,” “we,” “our” or us”), and governs your use of Power Cash, a financial platform, which includes mobile applications, websites, software, cloud-based solutions, and other products and services (the “Service”), offered by the Company.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. YOU ALSO AGREE TO COMPLY WITH THE FOLLOWING ADDITIONAL POLICIES AND ANY POLICIES REFERENCED WITHIN (“POLICIES”):

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

We may amend these Power Cash Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website, or by communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section VI.P) that arose before the changes will be governed by the Power Cash Terms in place when the Dispute arose.

We may provide disclosures and notices required by law and other information about your Account (defined below) to you electronically, at any time of day, including by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time pushed or emailed to you. If you wish to withdraw your consent to receiving electronic communications, contact Power Cash Support. If we are not able to support your request, you may need to terminate your Account.

Power Cash Account

You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (your “Account”) to use the Service. Certain features of the Service may only be available for use in the United States. Some features, such as the ability to send money to another Power Cash customer with the balance in your Account, may be available only if you provide us with certain information about you and we are able to verify your identity. We verify your identity on our own behalf and to facilitate certain of our partners, including Global Innovations Bank and our other banking partners, in meeting their own obligations.
Registering, Opening, Using, Upgrading, or Switching an Account

To register, open, use, upgrade, or switch an Account, the Company will require that you submit certain information about yourself to the Company, including but not limited to your legal name, email address, street address, zip code, date of birth, social security number, a government issued form of identification, and any information you subsequently add or update (“Account Information”). You represent and warrant that all Account Information you provide the Company to register, open, use, or upgrade is true and accurate, and you agree to keep all Account Information current.
Validating, Authenticating, and Updating Your Identity

You understand and agree that you are obligated to provide accurate and timely information about yourself. You hereby authorize the Company, directly or through the Company's use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.

In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then we reserve the right to suspend your Account and prohibit any continued use of the Services, including accessing any remaining Power Cash Balance to make payments. In addition, we reserve the right to change the account type or suspend or terminate the Account or access to certain Services of anyone who provides inaccurate, untrue, or incomplete information.

We may require you to authenticate your Account with additional information whenever you access your Account or Service using a new device. You may only have one Power Cash customer account and must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence.
Power Cash Balance

When you first open your Account you may link an external, U.S.-issued bank account (an “Eligible Bank Account” as defined below) and add funds to purchase items or services from authorized merchants. By linking an Eligible Bank Account to your Power Cash Account, you hereby represent and warrant that you are the legal owner and are legally able to access the Eligible Bank Account.

General
Functionality - Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Power Cash Balance”). You are solely responsible for all funds necessary to complete any payments you initiated through the Service. You agree to reimburse the Company for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service. If you make a payment that exceeds your Power Cash Balance, the transaction will be declined and the Company reserves the right to restrict your use of the Services.
Authorization - You may wish to transfer funds from a linked Eligible Bank Account to your Power Cash Account. Each time you instruct us through your Power Cash account to add funds from your linked Eligible Bank Account, you authorize us to immediately debit the Eligible Bank Account to your account at the time of the transfer for the amount instructed.

Limitations - The Company may impose limits on the amount you can keep in your Power Cash Balance and reserves the right to change these limits at any time. Funds in your Power Cash Balance might not be available until all recently authorized deposits have been confirmed (see “Authorization” section above).
Transferring Funds to Your Bank Account
Transfers to Your Bank Account - You may electronically transfer funds from your Power Cash Balance to an Eligible Bank Account (“Withdraw”). By selecting an Eligible Bank Account as your deposit source you are requesting that we settle an electronic transfer to your bank account. The Company will settle these electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) to your Eligible Bank Account in the amount you instruct. Once you initiate the electronic transfer,you may not be able to cancel the transfer. Such transfer to your Eligible Bank Account via ACH will typically arrive within three (3) business days.
Limitations - The Company may limit how many Withdraws you can initiate from your Power Cash account to your Eligible Bank Account and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, fraudulent activity, and other liability. In addition, you may not transfer funds from your Power Cash Balance to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer your Power Cash Balance while we are conducting an investigation, we may hold your funds at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Account even after the Account is closed.
Treatment of Funds

If you do hold funds in your Power Cash Balance, the Company will hold such funds separate from its corporate funds and will not use your funds for any corporate purposes, nor will the Company voluntarily make your funds available to its creditors in the event of bankruptcy. The Company may combine your funds with the funds of other customers and place those pooled accounts in one or more bank accounts held by the Company on behalf of the Company’s customers.

Interest

You irrevocably transfer and assign to the Company all of your rights in any and all interest accrued on your Power Cash Balance that are held by the Company on your behalf.
Communications and Devices
Communications

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You acknowledge that opting out of receiving communications may impact your use of the Services.
Compatible Mobile Devices and Third Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
Data and Service Usage and Ownership
Your Content

Except where prohibited by law, you will not upload or provide any information or otherwise post, transmit, distribute, or disseminate through the Services any material (“Content”) that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with the Company's or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose the Company, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. The Company may also monitor such Content to detect and prevent fraudulent activity or violations of the Power Cash Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are solely responsible for safeguarding your passkeys and for restricting access to the Services from your compatible mobile devices, computers, or through remote access. You will immediately notify us of any unauthorized use of your passkeys or Account or any other breach of security. Notwithstanding Sections VI.P and VI.Q, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Account subject to dispute) will be final and binding on all parties.
Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services, as authorized in these Power Cash Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. This means you must ensure that you are using the most recent version of Power Cash, which may require you to download and install updates manually. Any such updates may be subject to additional terms made known to you at that time.
Ownership

We reserve all rights not expressly granted to you in these Power Cash Terms. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the Services and all copies of the Services. These Power Cash Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these Power Cash Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit feedback, comments, or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.
Sharing of Your Information

We will share Account Information and transaction information, including your name, the amount, and a description, with the other party to your transaction and in accordance with our Privacy Policy.
Transaction Information and Disputes
Receipts and Account Statements

Transaction receipts can be found in the activity section of your Power Cash account and by logging into your Account at https://app.power.cash

You will receive a bank statement by email for each month for which you had a transaction. You may also view your Account statement by logging into your Account at https://app.power.cash

You may obtain information about the amount of money you have remaining in your Account and can view your 12-month and 24-month history of Account transactions in your Power Cash account or at (https://app.power.cash/account).

Error and Dispute Resolution
Errors Related to Your Account

If you believe there are errors on your Account, or you have questions about your Account, you can:
Contact us through your Account in the app.
Email us at support@power.cash.
Call us at (415) 326-6663. Please note this is the only phone number available for Power Cash support.
Write us at Golden Order, Inc., Attn: Cash Disputes, 611 Gateway Blvd, Suite120, South San Francisco, CA, 94080.

Please contact us as soon as you can if you think an error has occurred on your Account. You can report an error up to 60 days after the date we sent you the first statement on which you believe the error occurred. For Unauthorized Transactions, please see additional details in Section V.C below. If your error is an incorrect transfer from your Account related to the Remittance Service, please see the next section.

In order for us to investigate your claim, you will need to provide:
Your name and Account information (email and phone number);
Why you believe there is an error,
The dollar amount involved,
The transaction ID in question; and
Approximately when the error took place

If you contact us by telephone, we may require that you 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 such a step is necessary we will credit your Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may, at our discretion, not credit your Account.

For errors involving new Accounts, as well as point-of-sale transactions, we may take up to 75 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is an error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at (415) 326-6663, please note (1) this is the only phone number customers can call for Power Cash support, and (2) a Power Cash representative will never ask you for any passwords or PINs.

Your Liability for Unauthorized Transactions

If you believe an electronic fund transfer has been made by logging in to your Account without your permission (an “Unauthorized Transaction”), you must immediately notify Us..

You may contact us by:
Contact us through your Account in the app.
Email us at support@power.cash.
Call us at (415) 326-6663. Please note this is the only phone number available for Power Cash support.
Write us at Golden Order, Inc., Attn: Cash Disputes, 611 Gateway Blvd, Suite120, South San Francisco, CA, 94080.

If you tell us within 2 business days (Monday through Friday, holidays not included) after you learn of an Unauthorized Transaction, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of an Unauthorized Transaction, and we can prove we could have stopped someone from making an Unauthorized Transaction if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make, you must also tell us at once. If you do not tell us within 60 days of the date we sent you the first statement on which the Unauthorized Transaction appeared, 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.

The following are NOT considered Unauthorized Transactions:

If you give someone access to your Account (e.g. by giving them your login information to your device) and they use your Account without your knowledge or permission; or
If you, or someone else with whom you are acting in concert, act with fraudulent intent

We rely on the information you provide us to send a payment. A misdirected payment, such as a payment, based on the information you provide us, that is sent to the wrong person, is an authorized payment, and will not be considered an Unauthorized Transaction.

Our Liability

If we do not complete a transaction to or from your Account on time or in the correct amount in accordance with these Power Cash Terms, we will be liable for your losses or damages. However, there are some exceptions. Subject to applicable law, we will not be liable, for instance:
If, through no fault of ours, you have insufficient funds in your Account to complete the transaction;
If your funds are subject to legal process or other encumbrance that restricts transfers;
If the Power Cash site was not working properly and you knew about the breakdown when you started the transaction;
If circumstances beyond our control prevent the transaction, despite reasonable precautions that we have taken.
Disputes with your Funding Source

Each of your external funding sources may provide you with different rights and resolution procedures for resolving disputes. Please consult the terms and conditions of your funding source to better understand your rights and their resolution procedures. All inquiries about a third party dispute should be directed to the external funding source.
OTHER LEGAL TERMS
Recovery of Funds

You authorize the Company to recover funds from you in accordance with these Service Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.

You authorize the Company to debit, charge, setoff against and otherwise recover funds from your Account, your Power Cash Balance, any Eligible Bank Account, and any payment instrument, linked external bank, depository and other account registered in your Account. Your authorization will remain in full force and effect until the later of closure or termination of your Account, or the disbursement of all funds held on your behalf.

Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to the Company of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize the Company to take the above steps without prior notice to you. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the NACHA Rules. You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.

If the Company is unable to recover the funds by these means, the Company may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.

We may also recover funds from your Account in connection with a disputed transaction. For example:
If a Power Cash customer that sent you money disputes the payment and requests reimbursement for a payment you previously received, the Company may recover the amount disputed or owed from your Power Cash Balance.
If you initiate a transaction dispute with an external funding source and win that dispute, we may recover the funds from your Account.
If there aren’t sufficient funds in your Account to cover the disputed amount, you understand that the Company's recovery of these funds may cause your account to become negative.

The Company is not liable for funds that we recover from your Power Cash Balance to cover: a negative balance on your linked Company account(s); the amount owed to the Company under its terms of service; or a pending dispute or chargeback; or to protect against financial risk as outlined in these terms.
Compliance with Governmental Authorities

The Company may freeze, withhold, or remit funds in your Account in response to a subpoena, court order, search warrant, notice, or other binding order from a governmental authority or third party, including but not limited to tax levies, garnishment orders, or lien notices. To the extent the Company acts under this section, the Company will provide, if legally permissible, reasonable notice to you of any government investigation, subpoena,court order, search warrant, notice, or other binding order from a governmental authority or third party.

Limitations on Use

The Company may limit the funding sources available for a specific transaction at any time in its sole discretion.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service and for all communications you send through the Service. You also agree to be bound by any applicable NACHA rules.

We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, misposted or misdirected prohibited transactions will be your sole responsibility and not ours.

Acceptable Use Policy and Other Restrictions

Your use of Power Cash and the Services are subject to Power Cash’s Acceptable Use Policy.

Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:
engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
access or monitor any material or information on any Company system using any manual process or robot, spider, scraper, or other automated means;
except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way materials, information or Services from the Company;
transfer any rights granted to you under these Power Cash Terms;
use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
use the Services for any illegal activity or goods or in any way that exposes you, other Company users, our partners, or the Company to harm; or
otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, we may share information about you, your Account, and any of your transactions with applicable law enforcement, in accordance with applicable state, local, and federal laws and regulations governing such information sharing.

Limitations on Our Liability for Failure to Complete Transactions

Subject to applicable law, we will not be liable, for failure to complete transactions in the following circumstances: (a) Through no fault of ours, there are insufficient funds in your Power Cash Account to complete the transaction; (b) A merchant refuses to accept your Power Cash payment; (c) The information supplied by you is incorrect, incomplete, ambiguous or untimely; (d) There is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (e) We have reason to believe the requested transaction is unauthorized; (f) Circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken; or (g) Any other exception stated in our Agreement with you.
Our Relationship With You

We are an independent contractor for all purposes, except that we act as your limited agent with respect to the custody and transfer of your funds for the purposes set forth herein only.
Termination of Account

We may terminate these Power Cash Terms or any Terms, or suspend or terminate your Account or your access to any Service, and the same for any associated Account, at any time for any reason, including for a violation of these Power Cash Terms. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Account. You may also terminate the Power Cash Terms applicable to your Account by deactivating your Account at any time.
Effect of Termination

If these Terms or your Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following Sections of these Power Cash Terms survive and remain in effect in accordance with their terms upon termination: IV.A (Your Content), IV.D (Ownership), IV.F (Copyright and Trademark Infringement), VI.H (Effect of Termination), VI.L (Indemnity), VI.M (No Warranties), VI.N (Limitation of Liability and Damages), VI.O (Third Party Products), VI.P (Disputes), VI.Q (Binding Arbitration), VI.R (Governing Law), VI.S (Assignment), and VI.T (Other Provisions).
Services Upon Closure of Account

Any pending transactions at the time of termination, closure, or suspension of your Account will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your Account, less any applicable fees, (1) may be made available for you to withdraw in the Company's discretion and subject to the other conditions in these Power Cash Terms, and (2) we may require you to link a new bank account that has not been associated with your Account to withdraw such funds. We reserve the right to hold your funds at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. In addition, if an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.
Unclaimed Property

If your Account is inactive for an extended period of time it may be deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, the Company will provide you with notice as required by applicable law. If funds still remain in your Account, the Company will escheat such funds as required by applicable law.
Taxes

You are responsible for all applicable taxes that arise from or as a result of your use of the Service, except to the extent the Company voluntarily decides to absorb any such taxes, for which we are under no obligation to do so and may change at any time in our sole discretion. For the avoidance of doubt, all sums payable by you to the Company under these Power Cash Terms shall be paid free and clear of any deductions or withholdings whatsoever. Other than taxes that may be charged by the Company to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority.

You may be asked to provide certain information used to assist the Company in complying with its obligations under the United States Internal Revenue Code and the applicable Treasury Regulations, or state and local governments. By providing the Company with this information you are certifying that the information provided is true and accurately reflective of your use of the Services.
Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, our Privacy Policy, our Acceptable Use Policy, our Merchant Agreement, and/or any other terms governing your Use of our Services; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any third-party claims made by your Buyer regarding the Company's processing of your customer/Buyer’s Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
No Warranties

THE USE OF “THE COMPANY” IN SECTIONS VI.M AND VI.N MEANS THE COMPANY, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. The Company does not have control of, or liability for, goods or services that are paid for using the Services.
Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR POWER CASH ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Third Party Products

All third party products included or sold with the Services are provided solely according to the warranty and other terms specified by such third party, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Disputes

For purposes of Section VI.Q, “Disputes” are defined as any claim, controversy, or dispute between you and the Company, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or the Company that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
Binding Arbitration

General - You and the Company agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE POWER CASH TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. Nothing in this agreement prevents you or the Company from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement in Section VI.Q is found unenforceable, including the Bellwether Arbitration procedures described below, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).

Pre-Filing Requirement to Attempt to Resolve Disputes - Before an arbitration is commenced, you and the Company agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to the Company should be sent by mail to Golden Order, Inc., Attn: Arbitration Agreement, 611 Gateway Blvd, Suite120, South San Francisco, CA, 94080. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, email address and phone number associated with your account; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or the Company, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and the Company therefore agree that, before either you or the Company demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph.

After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement of its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City of San Francisco, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of San Francisco, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.

Scope of Arbitration - If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), and this Section. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Power Cash Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Small Claims Court - Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.

Arbitration Procedures - The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and the Company will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Company values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.

Bellwether Arbitration Procedures - You and the Company agree that if twenty-five (25) or more similar individual arbitration demands are brought against you or us by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Section XVII.19, to be part of a Mass Proceeding. While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.

Any party may request, within five (5) business days of being notified by the arbitration provider that arbitration demand(s) have been filed, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section XVII.19. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The Company shall pay the Procedural Arbitrator’s costs.

All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.

Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section XVII.19, unless the parties mutually agree otherwise in writing.

All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.

These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section XVII.19.

Arbitration Fees - In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration agreement, references to you and the Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

Opt Out - You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create a Power Cash Account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be mailed to Golden Order, Inc., Attn: Arbitration Agreement, 611 Gateway Blvd, Suite120, South San Francisco, CA, 94080 (please note that any correspondence not related to opting out sent to this address will not receive a reply). For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up for and use the Services. This is the only way of opting out of this arbitration agreement. Opting out will not affect any other aspect of the Power Cash Terms, Additional Terms, or the Services, and will have no effect on any future agreements you may reach to arbitrate with us. An Opt Out that purports to opt out multiple parties will be invalid as to all such parties. No individual party (or their agent, representative, or group of agents or representatives) may effectuate an Opt Out on behalf of other individual parties.

Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of San Francisco, California, or federal court for the Northern District of California.
Governing Law

These Power Cash Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
Assignment

These Power Cash Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
Other Provisions

These Power Cash Terms, and any applicable Policies, are a complete statement of the agreement between you and the Company regarding the Services. In the event of a conflict between these Power Cash Terms and any other Company agreement or Policy, these Power Cash Terms will prevail and control the subject matter of such conflict. If any provision of these Power Cash Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Power Cash Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Power Cash Terms will be deemed a further or continuing waiver of such term or any other term.