Terms of Service
Effective: October 15, 2025
Last Updated: October 15, 2025
These Pure Social Terms of Service (the “Pure Social Terms”) are a legal agreement between you, as a current or prospective user of the Services, and Pure Social Holdings, LLC. governs your use of Pure Social, a financial platform, which includes all products and services (the “Service”), offered by the Company. If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. By using the Service you agree to be bound by these Pure Social Terms and any policies referenced within (“Policies”), including our Privacy Policy and Pure Social Acceptable Use Policy
As used throughout these terms, the phrase “Business Day” means all days of the week except Saturdays, Sundays, and federal holidays.
Please note that you should review all Pure Social Terms carefully.
TABLE OF CONTENTS
I. Stored Balance Disclosures
II. Revisions, Disclosures, and Notices
III. Pure Social Account IV. Communications and Devices V. Data and Service Usage and Ownership
VI. Pure Social Balance
VII. Peer-to-Peer Service
VIII. Other Legal Terms
I. Stored Balance Disclosures
Pure Social and savings balances are not deposit products and therefore are not protected by FDIC pass-through insurance.
Pure Social is a financial services platform, and not an FDIC-insured bank.
Contact Pure Social at 9734525612, by mail at Pure Social, 517 S 22ND Ave STE 2 BOZEMAN, MT 59718
For general information about prepaid accounts, visit cfpb.gov/prepaid
If you have a complaint about a prepaid account, call the consumer financial protection bureau at 1-855-411-2372 or cfpb.gov/complaint
II. Revisions, Disclosures and Notices
We can make updates to the Terms at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.
You also agree to receive notices from us electronically.
We may amend these Pure Social 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 that arose before the changes will be governed by the Pure Social 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 Pure Social Support. If we are not able to support your request, you may need to terminate your Account.
III. Pure Social Account
1. Eligibility and Account Registration
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 Pure Social 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 banking partners in meeting their own obligations.
A. Registering, Opening, Using, Upgrading, or Switching an Account
To register, open, use, upgrade, or switch an Account, the Company may require that you submit certain information about yourself and your business to the Company, including but not limited to your legal name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, a government issued form of identification, legal business name, business address, taxpayer identification number, 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, upgrade, or switch an Account, including but not limited to a Pure Social Business Account is true and accurate, and you agree to keep all Account Information current.
B. Validating and Authenticating Your Identity
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 and, for Pure Social Business Accounts, the identity of the business or legal entity. 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. When we initially verify your identity, your Account will convert from a Restricted Account to an Unrestricted Account.
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 your Account will remain a Restricted Account and you will not be able to use your Pure Social Balance to make payments to other Pure Social customers or use certain Services. 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.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.
IV. Communications and Devices
1. Text Messages and Other Communications
Here’s where we describe your consent to receive texts from us and your representations regarding texts we send to others relating to your payments. You also consent to us sending messages to your email. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with ‘STOP’.
By providing us with a mobile number, either when you sign up for an Account or update the contact information associated with your Account, you consent to receiving text (SMS) messages and push notifications from us. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls.
You may opt-out of SMS messages from the Company by replying "STOP" or by changing your notification preferences in the app. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you are experiencing issues with SMS you can reply with the keyword "HELP" for more assistance, or you can get help directly by contacting Pure Social support. Carriers are not liable for delayed or undelivered messages. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
You acknowledge that opting out of receiving communications may impact your use of the Services.
2. 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.”
V. Data and Service Usage and Ownership
1. Your Content
You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, display your content in our services. You can see specifics on the rights you grant us below.
Also, anything you provide us or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Pure Social Terms. You may modify or remove your Content via your Account or by terminating your Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
Except where prohibited by law, you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material 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 Pure Social 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.
2. Security
We take security incredibly seriously, but can’t guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access our services, and letting us know if you think an unauthorized person is using your account.
If there is ever a dispute about who owns your account, we are the decider.
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 password 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 password or Account or any other breach of security. Notwithstanding Sections XIX.18 and XIX.19, 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.
3. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services, as authorized in these Pure Social 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 Pure Social, 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.
4. Ownership
While we’re happy to let you use our services, you don’t have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services free of charge.
We reserve all rights not expressly granted to you in these Pure Social 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 Pure Social Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these Pure Social 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.
5. 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 Notice.
6. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted a Copyright and Trademark Policy regarding any third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
VI. Pure Social Balance
1. General
You may store funds in your Pure Social, these make up your balance. You may add funds to your balance from your linked external bank account or debit card. When you do, you are authorizing us to debit those sources. If we incur costs because you have insufficient funds in your account, you will cover those costs.
a. 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 “Pure Social Balance”). You are solely responsible for all funds necessary to complete any payments 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 Pure Social Balance, you authorize us to charge any of your Linked Accounts for all or a portion of the payment and any applicable fees.
b. Authorization. Each time you instruct us through the Pure Social to add funds from a Linked Account or Direct Deposit (defined below) to your Pure Social Balance or make any other transfer, you authorize us to immediately debit that account at the time of the transfer for the amount instructed, either in a single or recurring transaction, as applicable. You are also authorizing us to move funds to your applicable Linked Account for instructions to add funds that are canceled or otherwise returned. You can cancel this authorization by unlinking your Linked Account from your Cash Account.
c. Limitations. The Company may impose limits on the amount you can keep in your Pure Social Balance and reserves the right to change these limits at any time. Funds in your Pure Social Balance might not be available to use for all types of transactions. If you have a Restricted Account, then you may not use your Pure Social Balance to make payments to other Pure Social customers (including Pure Social Business Account) unless you first upgrade to an Unrestricted Account.
2. Funding Your Pure Social Balance
There are several ways you can add funds to your Pure Social Balance, which are described here.
Subject to the limitations described in Section VI.1(c), you can keep funds received from P2P Payments (defined below) made to you through the Pure Social in your Pure Social Balance.
Once you have an Unrestricted Account, we may offer you the ability to “Add Money” to your Pure Social Balance in other ways, including, but not limited to, the following:
a. Linked Accounts.
Bank account. You may use funds from your linked bank account to fund your Pure Social Balance.
Debit card. You may link a debit card to fund your Pure Social Balance. Debit cards must be valid and issued by a U.S. bank or financial institution bearing the Visa, MasterCard, or Discover logo.
Your linked accounts and payment methods, such as your bank account and debit card are collectively referred to as "Linked Accounts." The Company may settle any "Add Money" transfer from your Linked Accounts using any electronic payment network or money movement system operating in the United States.
b. Direct Deposit. You may direct payments made to you from your employer or otherwise into your Pure Social Balance using the bank routing number and account number provided to you pursuant to the Pure Social direct deposit program (the “Direct Deposit”). Deposits made using such bank routing number and account number will be credited to your Pure Social Balance for use in accordance with these Pure Social Terms. The maximum amount that can be added to your Pure Social Balance by Direct Deposit is $25,000 per transaction.
c. Mobile Check Capture. Subject to the Mobile Check Capture Section of these Pure Social Terms, we may also offer the ability to use a check to Add Money to your Pure Social Balance.
Certain funding features (including, but not limited to, cash loads and Direct Deposit) may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our Services, unforeseen circumstances, or outages.
d. Paper Money Deposit. Subject to the Paper Money Deposit terms (see section XVIII), we may also offer the ability to add cash to your Pure Social Balance.
3. Transferring Funds to Your Bank Account
You can transfer funds from your Pure Social balance out to your bank account. These transfers can take up to three days, or for a fee, be made instantly. We may limit your ability to transfer funds to your bank account, based on the circumstances. For example, we may delay transfers while we screen for fraud or risks. You are responsible for all amounts owed on your account even after it is closed.
a. Transfers to Your Bank Account. You may electronically transfer funds from your Pure Social Balance to certain Linked Account (“Withdraw”). By selecting a Linked Account as your deposit source you are requesting that we settle an electronic transfer to your bank account. The Company may settle these electronic transfers in the amount you instruct, using any electronic payment network or money movement system operating in the United States. You will not be able to cancel the transfer. Standard transfers to your Linked Account will typically arrive within three (3) business days.
Mastercard-branded debit cards are not eligible for standard transfers to your Linked Account. If you link a Mastercard-branded debit card and want to complete a standard transfer, rather than an Instant Transfer, you will be required to link an external bank account.
b. Instant Transfer. If this feature is available to you, you may Withdraw from your Pure Social Balance to certain Linked Accounts subject to the fees detailed in the Instant Transfer experience. By selecting a Linked Account as your deposit source, you are requesting that we settle an electronic transfer to your external bank account. The Company may settle these electronic transfers in the amount you instruct, using any electronic payment network or money movement system operating in the United States. Funds are typically available within minutes.
c. Limitations. The Company may limit how many Withdraws you can initiate from your Pure Social to your Linked 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 and other liability. In addition, you may not transfer funds from your Pure Social Balance to your Linked Account to evade a payment investigation. If you attempt to transfer your Pure Social 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.
4. Pure Social Savings
Pure Social offers a savings feature (“Pure Social Savings”) that is described in the Pure Social Savings Terms of Service. If you are eligible and choose to use the Pure Social Savings feature, you agree to the Pure Social Savings Terms of Service.
5. Treatment of Funds
If you do hold funds in your Pure Social Balance and/or your Savings 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 could combine your funds with the funds of other customers and pool these funds into one or more bank accounts in the Company's name.
By maintaining funds in your Pure Social Balance and/or Savings Balance, you appoint the Company as your agent for the purpose of holding your funds at our Program Bank or a brokerage at the Company’s sole discretion. (See Section III.5.) This includes the right to conduct cash management through overnight sweep operations. These sweep operations allow the Company, through banking partners, non-bank money market mutual funds, or third-party brokerages to manage your funds. Funds held with our Program Banks remain eligible for FDIC deposit insurance, subject to certain conditions, in the event a Program Bank holding the funds fails. Funds held with a brokerage are not eligible for FDIC pass-through deposit insurance. Securities may be eligible for coverage from the Securities Investor Protection Corporation (SIPC) in the event the brokerage holding the funds fails. Access to your funds is only available through Pure Social, and your funds cannot be obtained directly from the Program Banks or brokerages where Pure Social, as your agent, has deposited or swept your funds.
6. Interest
Unless you are enrolled in the Savings Yield feature (see the Pure Social Savings Terms of Service), as consideration for your use of the Service, you irrevocably transfer and assign to the Company all of your rights in any and all interest accrued on you Pure Social Balance and your Savings Balance funds that are held by the Company on your behalf.
7. Free Overdraft Coverage
a. General. Pure Social offers you, if eligible, the ability to enroll in an optional, no-fee, and non-recourse overdraft feature (“Free Overdraft Coverage”) that allows you to overdraw on your Pure Social Balance for Pure Social Card purchase transactions, but excluding ACH transfers, cash-back transactions, and ATM withdrawals (“Qualifying Transactions”), up to a specified amount no greater than $200 (the “Limit”).
The Limit is determined by Pure Social in its sole discretion based on your account history, direct deposit history, spending activity, and other risk-based factors. Your Limit may be adjusted from time to time in Pure Social’s sole discretion. Your Limit may be increased or decreased at any time by Pure Social and represents the maximum amount by which you may overdraw on your Pure Social Balance on Qualifying Transactions. Any changes to your Limit will be communicated to you and also displayed within your Pure Social mobile application.
Free Overdraft Coverage is only available for Qualifying Transactions. Other transactions will continue to be declined if there are insufficient funds in your Pure Social Balance.
b. Eligibility. Eligibility for Free Overdraft Coverage is determined by Pure Social in its sole discretion. Among other factors, to be eligible for Free Overdraft Coverage, you must have received at least $300 in Qualifying Deposits in the preceding calendar month. “Qualifying Deposit” means (i) a direct deposit of payroll, pension or government benefits sent from your employer or a government agency via ACH transfer to your Pure Social Balance and/or (ii) a deposit of payroll sent directly from your employer, contractee, or early wage access provider via Original Credit Transaction ("OCT") transfer using your Pure Social Card to your Pure Social balance. You must continue to meet the Qualifying Deposit requirement each month to maintain your enrollment in Free Overdraft Coverage. If Pure Social does not receive a Qualifying Deposit as described above, Pure Social will terminate your enrollment in Free Overdraft Coverage and not approve any Qualifying Transactions that may result in an overdraft balance.
At any time, Pure Social may in its sole discretion change the existing requirements or add additional requirements at any time that you must meet in order to enroll or continue to use Free Overdraft Coverage.
c. Fees. Pure Social will not charge you any fees or interest to be eligible or to use Free Overdraft Coverage. While there is no fee to use Free Overdraft Coverage, fees for related services continue to apply according to the terms associated with any such services, including third-party fees that may apply to certain types of Pure Social Card transactions.
d. Repayment. Any funds deposited to your Pure Social Balance with an overdraft balance will be automatically used to pay off the overdraft balance (“autopay”).
You may choose to opt out and disable autopay of your overdraft balance by contacting Pure Social Support by either calling us at 1-800-969-1940 or using the chat function through your Account in the app. If you have disabled autopay, you can pay the overdraft balance manually in the Pure Social mobile application.
You have no obligation to repay your overdraft balance and Pure Social will have no legal or contractual claim or remedy against you based on your failure to repay your overdraft balance. We will not engage in any debt collection activities if your overdraft balance is not repaid, place the outstanding balance with or sell it to a third party, or report to a consumer reporting agency concerning the overdraft amount.
e. Cancellation. You may cancel your use of Free Overdraft Coverage using the Pure Social mobile application at any time. If you cancel your use of Free Overdraft Coverage, Pure Social will not approve Qualifying Transactions that result in an overdraft balance on your Pure Social Balance. If you continue to remain eligible for the feature, you may re-enroll at any time.
Pure Social may suspend or terminate your use of Free Overdraft Coverage for any reason in its discretion, including failure to pay your overdraft balance within 90 calendar days. You agree that Pure Social will not be liable to you or any third-party for any costs, fees, or losses associated with the termination of your access to Free Overdraft Coverage, including, but not limited to, insufficient funds fees, late fees, legal fees or other charges.
VII. Peer-to-Peer Service
1. Description Of Service
The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes.
2. Sending Funds
You will be able to send funds using our P2P service if you have a linked external bank account or linked a credit card. If you have an Unrestricted Account you will also be able to send funds using our P2P service from your balance. You authorize us to move funds on your behalf. We won’t be responsible for certain incomplete transactions, as described here.
a. General. Once you have opened an Account and have one ore more Linked Accounts, you will be able to send funds using the Peer-to-Peer Service. For purposes of this Section VII, a Linked Account may include certain credit cards issued by a U.S. bank or financial institution bearing the Visa, Mastercard, Discover, or American Express logo. Note that you cannot send funds using your Pure Social Balance until you have given us certain information and we have verified your identity, as set forth above. This means that until (a) you give us this information (b) we verify your identity and (c) you have an Unrestricted Account, you will not be able to use the Pure Social Balance to send funds using the Peer-to-Peer Service. With a Restricted Account, you will not be able to make a payment to another Pure Social customer (including a Pure Social Business Account) using your Pure Social Balance. You may only send funds with the Peer-to-Peer Service using certain Linked Accounts. As a party initiating a transfer (“Sender”), you will send funds to your selected recipient (“Recipient”) by designating the Recipient, the funding source, and the transfer amount to us (a “Payment Instruction”).
b. Authorization. By initiating each Payment Instruction, you authorize us to debit your Pure Social Balance or Linked Account by the amount you specify, and to send those funds to your designated Recipient (a “P2P Payment”) immediately upon your request. By submitting a Payment Instruction, you are also authorizing us to move funds to your applicable Linked Account or Pure Social Balance for P2P Payments that are canceled or otherwise returned. You can cancel this authorization by unlinking that Linked Account from your Cash Account.
You understand and agree that when you initiate a P2P Payment Instruction, processing will begin, and funds will leave your Pure Social Balance or Linked Account as early as the moment you initiate the Payment Instruction. However, we will complete the transfer of funds to the Recipient once the Recipient has provided all required information. You hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or fifteen (15) days.
c. Our Liability. We shall incur no liability if we are unable to complete a P2P Payment Instruction because of inaccurate or insufficient Payment Instructions, or the failure of the Recipient to claim the P2P Payment, or because either you or the Recipient does not provide us with any information that we request, or we are unable to verify your identity or the identity of the Recipient to our satisfaction.
3. Funding Sources Used for Payments Made Through the Service
You may link a bank account to Pure Social to fund payments. The Company reserves the right to limit which banks or what types of accounts constitute a Linked Account. When you initiate a payment through the Pure Social, if you have a Restricted Account, then you will not be able to make a payment to another Pure Social customer (including a Pure Social Business Account) using your Pure Social Balance. If you have a Restricted Account and you wish to make a payment to another Pure Social customer, you may: (1) use a Linked Account; or (2) upgrade to an Unrestricted Account to make the payment with your Pure Social Balance.
If you have an Unrestricted Account and have sufficient funds in your Pure Social Balance to satisfy the full payment amount you can choose whether you want the payment fulfilled by your Pure Social Balance or a Linked Account. If you do not have sufficient funds in your Pure Social Balance to cover the full transaction, then you may choose the funding source from your Linked Accounts.
4. Requesting Funds
You may also request funds to be transferred to you through the Peer-to-Peer Service by designating the amount of funds requested and your selected Sender (a “Cash Request”). If the Sender approves your Cash Request, your Cash Request will become the Sender’s Payment Instructions and be processed as described in these Pure Social Terms.
5. Receiving Funds
Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your Pure Social Balance.
6. Peer-to-Peer Pools
a. Description and Eligibility. Peer-to-Peer Pools (“Pools”) provide a service for an “Organizer” to create a temporary balance of their Pure Social Balance (a “Pool”) to receive funds for a specified purpose, and for “Contributors” to contribute funds to a Pool. Neither Pure Social Business Accounts nor Restricted Accounts may organize a Pool.
A Pool is not a separate Pure Social Account. It is not a bank account, collective investment, investment, or savings account. You will not earn interest on contributions you receive in a pool. It remains the Organizer’s responsibility to ensure that the use of the contributions complies with applicable laws.
b. Organizing a Pool. You, as Organizer, may only use Pools to solicit contributions for personal use. You must have an Account in good standing to organize a Pool. Your Pure Social Account must remain in good standing for the duration of the Pool.
By organizing a Pool, you are creating a temporary balance of your Pure Social Account. You must have verified your identity with Pure Social to create a Pool, and you agree to provide us with any information we may request to confirm your identity or any information we request. We may place a time limit on how long a Pool may be active, after which time the funds will still be able to be withdrawn or otherwise used as permitted in these Pure Social Terms, but the Pool may no longer receive contributions.
You may only organize a Pool on your own initiative. This means you have not been instructed by somebody else to organize the Pool, and you are not acting on behalf of anyone else.
You, as Organizer, shall accurately describe what the contributions will be used for, and you must use the contributions for the purpose(s) stated in the Pool. You may not use the contributions for any of the Prohibited Uses outlined below. You are solely responsible for any false, inaccurate, or misleading Pool or content in a Pool, and for any misuse of contributions.
You, as Organizer, own the money in your Pure Social Account, including the contributions received in a Pool. However, you may not use contributions for purposes other than those stated in your Pool. It is solely your responsibility to use the funds for any particular purpose, including the stated purpose of the Pool.
We will incur no liability if the contributions are not used in accordance with the stated purposes of the Pool. We are not liable and assume no rights, title, or obligations in relation to the contributions collected in the Pool which are payments received by the Organizer from Contributors. Any disputes with Contributors in relation to the Pool or the use of contributions are the responsibility of the Organizer.
You, as Organizer, may not solicit contributions from any Contributor who is a New York resident unless the Contributor has a Pure Social account.
c. Contributions. Contributions you (as Organizer) receive in a Pool will be held in a temporary balance of your Pure Social Account. You must transfer contributions to your Pure Social Balance before you can use them to make a payment or withdrawal.
d. Pool Content Standards. You may not post any content within the Pool, either as Organizer or Contributor, that in any way violates the Pure Social Terms or the Pure Social Acceptable Use Policy. You may not falsely assert, suggest, or imply that contributions to a Pool are tax deductible.
e. Prohibited Uses. You may not use Pools for the explicit or implicit purpose of or involving:
any activity or purpose that violates the Pure Social Terms or the Pure Social Acceptable Use Policy;
any unlawful activity or purpose;
raising funds for charities;
the sale of goods or services;
any business purposes;
a political campaign or otherwise for the benefit of a political party, political figure, or candidate for office;
any attempt to collect contributions for a minor without the permission of the minor’s guardian;
securities, cryptocurrency or digital currency, investment opportunities, debt or equity, revenue sharing, annuities, investments, loans, credit, etc.; or
offering any incentive, ownership interest, return, interest, benefit, rewards, or perks in return for a contribution to your Pool.
f. Contributing to a Pool. You, as a Contributor, are not required to create or maintain a Pure Social Account to contribute to a Pool, unless you are a New York resident. New York residents must create or maintain a Pure Social account to contribute to a Pool. These Terms govern Contributors who contribute through a Pure Social Account. Contributions by Contributors who contribute without a Pure Social Account are governed by the Terms of Service for Pools Contributors (No Account).
All contributions to a Pool are made at your own risk. All contributions belong solely to the Organizer. The Pool title and description are provided by the Organizer, not us. We assume no responsibility to verify or enforce Pool purposes, titles, or descriptions. If contributions are not used for the stated purpose, a Contributor’s only recourse is against the Organizer. We have no liability towards any person or third party that is identified in the Pool as the intended recipient of contributions to the Pool.
Contributing to a Pool is the same as sending money directly to the Organizer and all funds contributed to the Pool are the property of the Organizer at the time they are contributed. All decisions and determinations regarding the use, disbursement, or refunds of contributions are solely in the discretion of the Organizer. You should not contribute to a Pool unless you personally know and trust the Organizer.
You agree to provide us with any information we may request to confirm your identity or any other information we request.
g. Limits and Termination. We may impose limits on Pools in our sole discretion, including limits on the amount that you can contribute to, receive in a Pool or the number of Pools that you can organize or contribute to in any period of time.
If we believe that you have breached these Terms, we may suspend or terminate your Pool, hold the contributions in your Pure Social Account, remove violative content, and/or terminate, suspend or take any action related to your Pure Social Account in accordance with the provisions of the Pure Social Terms. Because any Pool you create is a temporary balance of your Pure Social Account, we retain all rights detailed in the Pure Social Terms with respect to the Pool, including but not limited to the right to set off negative balances.
h. Fees. We don’t charge fees to organize a Pool.
When you use your Pure Social Account to send money to, or receive money in, a Pool, applicable fees apply and are set forth in the Pure Social Terms under “Peer-to-Peer Service Fees.” Before using Pools, you should consult your own tax, legal, financial, or other advisor as appropriate.
7. Peer-to-Peer Service Payment Amount Limits
If you’re sending large amounts of money over certain thresholds, you will need to provide additional identification information so that we can make sure you are who you say you are.
We will require you to provide us with additional identification information if you wish to send more than your limits in any one transaction or in multiple transactions. We may impose transaction limits over any period of time and over the lifetime of your account, subject to some restrictions. We may adjust these limits at any time at our discretion.
8. Peer-to-Peer Service Fees
You can send money to others through our P2P service for free, unless you choose to send funds using a credit card. We can change these fees in the future.
There are currently no fees for sending funds using the Peer-to-Peer Service unless you are sending funds using a credit card. The fee for sending funds using a credit card for the Peer-to-Peer Service will be displayed at the time of the transaction. We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time with reasonable notice, subject to these Pure Social Terms.
9. Payment Cancelation, Stop Payment Requests and Refused Payments
Our ability to stop or cancel a P2P Payment Instruction depends on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. We are not required to stop, cancel, or recover funds associated with a misdirected Payment Instruction.
P2P Payments not claimed by a Recipient fifteen (15) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Pure Social Balance or Linked Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.
10. Invalid P2P Payments
If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don’t know who sent the payment.
If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Pure Social Balance or Linked Account in an amount equal to the P2P Payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
11. Risk of Fraudulent Transactions
Be on the lookout for fraud and scams. While we make efforts to identify and reduce the impact of scams on our customers, you should be aware and vigilant that scams may result in the loss of your funds with no recourse. See Section XII, Transaction Information and Disputes for more information regarding errors and unauthorized transactions on your account.
VIII. Remittance Service
1. Description of the Service
The Remittance Service allows you to send remittance payments (as described below) from the United States to individuals in certain other countries for personal, non-commercial purposes (the “Remittance Service”).
2. Sending Remittance Payments
a. General. Eligible Unrestricted Accounts will be able to use the Remittance Service. As Sender, you will provide instructions to transfer funds (the “Remittance Payment Instructions”), including but not limited to instructions about the amount to be paid, the currency to be paid out, the method of payout (including information about the recipient’s bank, such as the routing number, or the name and country of the payout agent), the identity of the person to be paid (the “Designated Recipient”), and other information. You may only use the Remittance Service using funds in your Pure Social Balance. If you have a Restricted Account, you will be prohibited from using the Remittance Service.
b. Authorization. By initiating each Remittance Payment Instruction, you authorize us to debit your Pure Social Balance by the amount you specify, including the Company’s associated fees and any applicable taxes, and to send those funds to your Designated Recipient (a “Remittance Payment(s)”) immediately upon your request and selected delivery method. By submitting an Remittance Payment Instruction, you are also authorizing us to move funds to your Pure Social Balance for Remittance Payments that are canceled or otherwise returned.
c. Processing Timeframe. Subject to the 30-minute cancellation procedures discussed below, you understand and agree that when you initiate a Remittance Payment, processing will begin, and funds will leave your Pure Social Balance as early as the moment you initiate the Remittance Payment. If the Company executes a Remittance Payment for you pursuant to your Remittance Payment Instruction and there aren’t sufficient funds in your Account to cover the transfer, you understand that the Company’s recovery of these funds may cause your Pure Social Balance to become negative, and that we may recover funds from you in accordance with the Recovery of Funds section of the Pure Social Terms to bring your negative balance to zero.
d. Method of Payout. As part of the Remittance Payment Instruction, Sender must select a delivery method for the Remittance Payment. The Sender may select either (1) cash pickup at a paying agent location we have partnered with or (2) deposit into the Designated Recipient’s bank account in the destination country.
3. Cancellations and Refunds
Within 30 minutes of your Remittance Payment, you have the right to cancel for a full refund, including fees, unless the recipient has already picked up the money or the funds have been deposited into the recipient’s account.
a. 30-Minute Cancellation and Right to Refund
You have the right to cancel a Remittance Payment and obtain a refund of all funds paid to us, including fees. In order to cancel, you must contact us by either calling 1-800-969-1940 or by contacting us through your Account in the app within 30 minutes of payment for the transfer.
When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and the location where the funds were sent. We will refund your money within 3 Business Days of your cancellation request as long as the funds have not already been picked up or deposited into the Designated Recipient’s bank account.
b. Automatic Cancellations and Refunds
Subject to applicable law, if Sender selects cash pickup as the delivery method for a Remittance Payment and the Designated Recipient either fails to pick up the money transfer or fails to sufficiently verify their identity as required within 21 days after the available pickup date provided on the Sender’s receipt, the money transfer will be canceled automatically. Such identity verification requirements may include, but are not limited to, anti-fraud and anti-money laundering compliance review.
For any canceled Remittance Payment, we will refund you and return to you any unclaimed, refused, refunded, or denied Remittance Payment to your Pure Social Balance unless we are prohibited from doing so under law. If we are not able to do so, we may use other reasonable means to return the Remittance Payment to you, as permitted by applicable law. All refunds will be in United States Dollars ("USD"). All refunds will be processed within thirty (30) days of the date of cancellation.
4. Remittance Service Fees
You will be charged certain fees in connection with your use of the Remittance Service
The fees for using the Remittance Service are found in Section I. “Stored Balance Disclosures“ of the Pure Social Terms and will be disclosed in-app prior to your submission of a Remittance Payment Instruction. We reserve the right to change the fees associated with use of the Remittance Service at any time with reasonable notice, subject to these Pure Social Terms and applicable law. Unless otherwise provided, fees for using the Remittance Service are due and payable by you to us at the time you submit a Remittance Payment Instruction.
5. Currency Exchange Rate
Pure Social may make money on the exchange rate applied to your transaction.
All Remittance Payments will be funded in USD and paid to the Designated Recipient in the official currency of the destination country. In some countries and subject to availability, you may be able to choose a payout currency other than the official local currency. Subject to applicable law, we disclose the actual exchange rate or an estimated exchange rate that applies to your transaction before you submit payment for the transaction and on your receipt. The disclosed exchange rate may be rounded to a consistent number of decimal places for each currency pursuant to applicable laws. If the Remittance Payment involves an exchange of currencies, the retail exchange rate we quote for individual senders may be different from the wholesale exchange rate we obtain in commercial transactions with our foreign exchange providers. The difference between the retail exchange rate applied to your Remittance Payment and the wholesale exchange rate at which we acquired the payout currency will be kept by the Company and/or the paying agent as revenue, in addition to any fees disclosed on your receipt or in Section I. The Company’s paying agent must pay out money transfers in the payout currency indicated on your receipt.
6. Payment and Transaction Limits
We may limit, prohibit, or require you to provide us with additional identification information based on the number of Remittance Payments you send over any period of time. We may also impose other limits, including but not limited to, on the amount you can send in any one transaction or in multiple transactions over any period of time and/or to certain countries, subject to some restrictions. We may adjust these limits at any time at our discretion subject to applicable laws.
7. Risk of Fraudulent Transactions
Be on the lookout for fraud and scams. While we make efforts to identify and reduce the impact of scams on our customers, you should be aware and vigilant that scams may result in the loss of your funds with no recourse.
IX. OTHER LEGAL TERMS
1. Recovery of Funds
You give us permission to recover amounts you owe by debiting funds available in your Pure Social account or any other account you may have with the Company. This may involve us making attempts to recover less than the full amount you owe to us. We might contact you or take other legal actions to collect amounts due.
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 Pure Social Balance, your Savings Balance, any Linked Account (including your credit card), any connected Company Account, any Balance (as defined in the Pure Social Business Terms) or any Reserve (as defined in the Pure Social Business Terms) if applicable, 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 and irrespective of (i) whether we have made demand under these Cash Terms, the Pure Social Business Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the Automated Clearing House Electronic Payment Association ("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 Pure Social 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 Pure Social Balance and/or your Savings 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 Pure Social Balance and/or your Savings 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.
2. 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.
3. Limitations on Use
We may limit your funding sources to reduce risk. You will use Pure Social legally and in accordance with debit and credit card network rules. You agree to not abuse the payment system or the service. We may block or reverse any transaction, including those that violate our terms or the law, at your expense.
The Company may limit the funding sources available for a specific transaction at any time in its sole discretion. You may not use unaffiliated prepaid cards or gift cards to fund transactions on the Pure Social.
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.
You further agree that in connection with your use of the Service, or in the course of your interactions with the Company, a Pure Social customer or a third party, you will not (a) use your Account or the Service in a manner that the Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a cash advance from your credit card (or help others to do so), or (c) use the Service to make transactions for the sole purpose of earning rewards, perks, miles, points, etc. with your credit card.
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.
4. Acceptable Use Policy and Other Restrictions
If you want to use our services, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with law enforcement.
Your use of Pure Social and the Services are subject to Pure Social’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 Pure Social 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, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement, in accordance with applicable state, local, and federal laws and regulations governing such information sharing.
5. Limitations on Our Liability for Failure to Complete Transactions
There are some circumstances where we will not be liable if transactions do not go through. Those circumstances are listed here.
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 Pure Social Account to complete the transaction; (b) A merchant refuses to accept your Pure Social Card; (c) The information supplied by you is incorrect, incomplete, ambiguous or untimely; (d) An ATM where you are making a cash withdrawal does not have enough cash; (e) An electronic terminal (Point of Sale or ATM) where you are making a transaction does not operate properly; (f) Access to funds in your Pure Social Account have been blocked after you reported your Pure Social Card lost or stolen; (g) The transaction cannot be completed because your Pure Social Card is damaged; (h) There is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (i) We have reason to believe the requested transaction is unauthorized; (j) 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 (k) Any other exception stated in our Agreement with you.
6. Changes to External Account Numbers
If your credit card or your debit card account number changes or the expiration date changes, we may acquire that information from our financial services partner and update your Account accordingly.
7. 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.
8. Termination of Account
We can terminate or deny you access to our services at any time, for any reason. You can also choose to deactivate your account at any time.
We may terminate these Pure Social Terms or any Terms, or suspend or terminate your Account or your access to any Service, and the same for any associated Account or Sponsored Account, at any time for any reason, including for a violation of these Pure Social 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 within the app at the next time you attempt to access your Account. You may also terminate the Pure Social Terms applicable to your Account by deactivating your Account at any time.
9. Effect of Termination
Once our relationship ends, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.
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 Pure Social Terms survive and remain in effect in accordance with their terms upon termination: V.1 (Your Content), V.4 (Ownership), V.6 (Copyright and Trademark Infringement), XIX.9 (Effect of Termination), XIX.14 (Indemnity), XIX.15 (No Warranties), XIX.16 (Limitation of Liability and Damages), XIX.17 (Third Party Products), XIX.18 (Disputes), XIX.19 (Binding Arbitration), XIX.20 (Governing Law), XIX.21 (Assignment), and XIX.22 (Other Provisions).
10. Services Upon Closure of Account
When your Pure Social account is closed, we’ll settle any pending transactions and return remaining funds in your account to you. We may need to hold your funds if there is an investigation at the time your Account is closed.
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 Pure Social 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.
11. 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.
12. Referral Programs
From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
13. 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 Pure Social 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.
The Remittance Service may be subject to taxes pursuant to applicable law, which may reduce the amount received by the Designated Recipient and/or be charged to you with respect to such Remittance Payment. The Company disclaims liability for any such taxes, which shall be borne either by you or by the Designated Recipient.
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.
When indicating that you are a Pure Social Business Account, you certify that your use of Payment Services through Pure Social is to receive payment(s) that are “reportable payment transactions” as defined in Treas. Reg. § 1.6050W–1(a)(3) and the associated applicable state and local regulations, including, but not limited to, the payments for goods and services. When indicating that your use of the Peer-to-Peer Service is “Personal”, you certify that such uses solely for receipt of payments other than reportable payment transactions. For avoidance of doubt, “Personal use” does not allow for the receipt of payment for goods and services you provide others that constitute “reportable payment transactions”as defined in Treas. Reg. § 1.6050W–1(a)(3).
FOR WEST VIRGINIA RESIDENTS: Where applicable, West Virginia sales tax is being paid for you for certain fees, which are subject to taxation in West Virginia.
14. Indemnity
If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.
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; (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.
15. No Warranties
While we do our best to bring great products and services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using Pure Social Business Business Account.
THE USE OF “THE COMPANY” IN SECTIONS XIX.15 AND XIX.16 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.
16. Limitations of Liability and Damages
As described below, if something bad happens because of your use of our services, our liability is capped.
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 Pure Social 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.
17. 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.
18. Disputes
When you see the word “Dispute” in Section XIX.19, here’s what it means.
For purposes of Section XIX.19, “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.
19. Binding Arbitration
This section provides details about how we will resolve disputes through the arbitration process.
If you are an individual Pure Social customer, this arbitration provision applies to you:
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 Pure Social 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 XIX.19 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 Pure Social Holdings, LLC., Attn: Arbitration Agreement, 1517 S 22ND Ave STE 2 BOZEMAN, MT 59718. 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, username, 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 state of Montana 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 State of Montana 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 Pure Social 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 XIX.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 XIX.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 XIX.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 XIX.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 Pure Social 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 Pure Social Holdings, LLC., Attn: Arbitration Agreement, 517 S 22nd AVE STE 2 BOZEMAN, MT 59718 (please note that any correspondence not related to opting out sent to this address will not receive a reply). You must complete this form by providing your name, address, username, 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 Pure Social 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 Montana.
If you are a customer with a Pure Social Business Account, this arbitration provision applies to you:
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 GENERAL 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 XIX.19 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 Pure Social Holdings, LLC., Attn: Arbitration Agreement, 517 S 22ND Ave STE 2 BOZEMAN, MT 59718. 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, username, and the email address and phone number associated with your account, and; (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 for 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 Montana, 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 Montana 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 (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 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 that 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 determination of whether or not a demand/demands is/are part of a “Mass Proceeding” is in the arbitration provider’s sole discretion; however, either party can request the appointment of a Procedural Arbitrator (as described below) if they do not agree with the arbitration provider’s determination.
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 a Mass Proceeding exists, 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 XIX.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 parties agree that procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/ shall apply to the appointment and conduct of the Procedural Arbitrator. 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 XIX.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 XIX.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. You agree that you do not intend to use the Service for personal, family or household use. Accordingly, for purposes of calculating any arbitration costs and fees, you and the Company agree that you are not a "consumer," and that the NAM Comprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referred to as Arbitrator Hearing Time) shall be split evenly between the parties. 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.
Court Proceedings. Subject to and without waiver of the arbitration agreement 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 Montana.
20. Governing Law
Our relationship is governed by the laws of Montana, federal law, or both.
These Pure Social Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by Montana law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
21. Assignment
You may not transfer any rights you have under our terms of service to anyone else.
These Pure Social 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.
22. Other Provisions
These Pure Social 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 Pure Social Terms and any other Company agreement or Policy, these Pure Social Terms will prevail and control the subject matter of such conflict. If any provision of these Pure Social 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 Pure Social 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 Pure Social Terms will be deemed a further or continuing waiver of such term or any other term.
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