This Terms of Use Agreement (this "Agreement") describes the terms and conditions governing your use of
eDough's
Internet all cash payment solution (the "Service"). By registering for and using the
Service, you (the "Customer") agree to be bound by all terms and conditions of this
Agreement, including all terms and conditions incorporated by reference. If you have
any questions concerning the Service or your use of the Service, please visit the
eDoughTM
Web site at (the "Web site").
By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and
eDough,
and that this Agreement constitutes "a writing signed by You" under any applicable
law or regulation. Any rights not expressly granted herein are reserved by
eDough.
This Agreement is subject to change by
eDough
without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Web site. Descriptions of material amendments to this Agreement will be posted in advance on the Web site.
1. Legal Relationship
By registering for the Service, you acknowledge that
eDough
is not a bank. You further acknowledge that you are purchasing
eDough
for use to purchase products and services wherever
eDough
is accepted.
eDough
is not acting as a trustee, fiduciary or escrow with respect to your funds.
eDough
will pool your funds (which you have used to purchase
eDough
together with funds from other Users, and will place those funds in accounts at one
or more FDIC-insured banks ("Pooled Accounts"). You agree that any earnings on the
Pooled Accounts will be the property of
eDough,
and you will not receive interest or other earnings on the funds that
eDough
handles as your agent.
2. Your Eligibility/User Responsibility
a) Eligibility.
In order to use the Service, you must register for a personal or merchant account.
If you use the
eDough
account to accept or send payments in the conduct of a trade or business, you must
register for a merchant account.
You must be at least 18 years of age to register for an account and use the Service.
b) No Multiple Accounts.
Should you register for more than one personal account,
eDough
reserves the right to terminate all of your accounts and will restrict you from the
system going forward. Users may register and hold one personal Account and one merchant
Account.
c) Registration Information.
You agree to provide true, accurate and complete registration information and to maintain
and promptly update your information as applicable. You agree not to impersonate any
other person or use a name that you are not authorized to use. If any information
you provide is untrue, inaccurate, not current, or incomplete, without limiting other
remedies,
eDough
has the right to terminate your use of the Service and
eDough,
its agents, suppliers, and subcontractors have the right to recover from you any costs
or losses incurred as a direct or indirect result of the inaccurate or incomplete
information.
You authorize
eDough,
directly or through third parties, to make any inquiries we consider necessary to
validate your registration. This may include verifying the information you provide
against third party databases.
d) International Use.
All fees, and all transactions, are made in U.S. dollars regardless of where you reside
and may be subject to exchange rates. We will always disclose the amount of money
in your account in U.S. dollars.
IT IS
eDough's
ASSUMPTION THAT INTERNATIONAL USERS ARE SIGNING UP FOR AN EDOUGH ACCOUNT ONLY AFTER
DETERMINING THAT OPENING AND MAINTAINING A EDOUGH ACCOUNT VIOLATES NO LAWS OR REGULATIONS
IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you
warrant that you are violating no law or regulation by your use of
eDough,
and you indemnify us for any and all liability that might arise from your use of
eDough.
e) Prohibited Transactions.
You agree that you will not accept
eDough
as payment for illegal products or services, including but not limited to materials
that infringe the intellectual property rights of third parties. You will not use
eDough
or any of the services offered on the
eDough
Web site for any unlawful or fraudulent activity. If
eDough
has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful,
or improper activity, including without limitation any violation of any terms and
conditions of this Agreement, your access to the Service may be suspended or terminated.
You will cooperate fully with
eDough
to investigate any suspected unlawful, fraudulent or improper activity, including
but not limited to granting authorized
eDough
representatives "guest" or "member" access to any password-protected portions of your
Web site.
You also agree not to use your
eDough
account to sell securities, business opportunities, franchises, multi-level marketing,
or goods with delivery delayed more than 20 days from the date of payment. You agree
not to impersonate an
eDough
User or an
eDough
representative, or to request that an
eDough
customer provide you with their password or other information to access their account.
f) Electronic Communications.
To the fullest extent permitted by applicable law, this Agreement and any other agreements,
notices or other communications regarding your account and/or your use of the Service
("Communications"), may be provided to you electronically and you agree to receive
all Communications from
eDough
in electronic form. Electronic Communications may be posted on the pages within the
eDough
Web site and/or delivered to your e-mail address. You may print a copy of any Communications
and retain it for your records.
All Communications in either electronic or paper format will be considered to be in
"writing," and to have been received no later than five (5) business days after posting
or dissemination, whether or not you have received or retrieved the Communication.
eDough
reserves the right but assumes no obligation to provide Communications in paper format.
Your consent to receive Communications electronically is valid until you revoke your
consent by notifying
eDough
of your decision to do so by contacting us via e-mail through www.edough.com or by
telephoning customer service. If you revoke your consent to receive Communications
electronically,
eDough
will terminate your right to use the Service.
g) Correct E-mail.
You agree and warrant that you have access to the Internet and to a current functional
personal e-mail address. Although we will take reasonable steps to contact you based
on information that you have provided us,
eDough
will not be liable for any undelivered e-mail communications or any costs you incur
for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION
to provide
eDough
with a correct and operational e-mail address, and to notify
eDough
promptly as to any changes or cancellations of any and all e-mail addresses you provide
eDough.
Failure to provide
eDough
with a current, working, functional, personal e-mail address, and/or failure to update
eDough
in a change or cancellation of your e-mail address, or if
eDough
has reason to believe that either have occurred may result in any or all of the following,
non-exclusively: (1) the removal or deactivation by
eDough
of a non-functional e-mail address from your account; (2) the replacement of a secondary
e-mail address as a new permanent e-mail address associated with your account; (3)
an alteration to your user preferences regarding
eDough
e-mail notifications; and/or (4) attempts by
eDough
to reach you personally by phone, fax or postal mail.
eDough
reserves the right to take measures to ensure the integrity of its contact directory,
and expects that you, as a user, will cooperate and keep your contact information
current.
h) No Spam.
You agree not to use email addresses of
eDough
customers to send unsolicited email. You agree not to use unsolicited email, usenet,
message board postings, or similar methods of mass messaging (spam) to gather referral
bonuses. The use of spam to promote the Service has strict negative consequences.
We will immediately and permanently terminate the account of any User who has sent
unsolicited email targeting
eDough
Users to gain referrals or for any other purpose. In addition, you may be subject
to state and federal penalties and other legal consequences under applicable law if
you send unsolicited email. Our Anti-Spam Policy is intended to protect our users,
the Internet, and us.
i) Passwords.
You may not reveal your account password(s) to anyone else, nor may you use anyone
else's password.
eDough
is not responsible for losses incurred by Users as the result of their misuse of passwords.
j) Closing Your Account.
You may close your account at any time by contacting us via e-mail at www.edough.com
or by telephoning customer service. Upon closure of an account, any pending transactions
will be cancelled. Any funds that we are holding in custody for you at the time of
closure, less any applicable fees, will be paid to you by check, assuming all withdrawal
related authentication requirements have been fulfilled (for example, you may not
use closure of your account as a means of evading withdrawal limits on new unverified
users). You may not use closure of your account as a means of evading investigation
- if an investigation is pending at the time you close your account,
eDough
may continue to hold your funds for up to 180 days as appropriate to protect
eDough
against the risk of reversals. If you are later determined to be entitled to some
or all of the funds in dispute,
eDough
will make an additional payment of those funds to you. You will remain liable for
all obligations related to your account even after such account is closed.
k) Hacking.
If you use, or attempt to use
eDough
for purposes other than spending
eDough
or sending and receiving payments and managing your account, including but not limited
to tampering, hacking, modifying or otherwise corrupting the security or functionality
of the Service, your account will be terminated and you will be subject to damages
and other penalties, including criminal prosecution where available.
l) Assignability.
You may not transfer any rights or obligations you may have under this Agreement without
the prior written consent of
eDough.
eDough
reserves the right to transfer this Agreement or any right or obligation under this
Agreement without your consent.
m) Indemnification.
You agree to indemnify and hold
eDough,
its affiliates, officers, directors and employees harmless from any claim, action,
demand, loss, or damages (including attorneys' fees) made or incurred by any third
party arising out of or relating to your use of the Service.
n) Security Interest;
eDough's
Right to Setoff.
To secure your performance of this Agreement, you grant to
eDough
a lien on and security interest in your account. In addition, you acknowledge that
eDough
may setoff against any accounts you own for any obligation you owe
eDough
at any time and for any reason allowed by law. These obligations include both secured
and unsecured debts and debts you owe individually or together with someone else.
eDough
may consider this Agreement as your consent to
eDough's
asserting its security interest or exercising its right of setoff should any law require
your consent. The rights described in this section are in addition to and apart from
any other rights.
3. The Service
The Service allows customers to purchase
eDough
for spending on the Internet on any Web site that accepts
eDough.
eDough
may be purchased on a dollar for dollar basis. For example, you may purchase $100
worth of
eDough
from us, and then have the same $100 to spend on the Internet at any Web site which
accepts
eDough.
The Service also facilitates consumer-to-merchant transactions at merchants that are
also
eDough
Customers. When you register and are accepted as a Customer of the Service, you choose
a unique User ID and Password.
eDough
may add to or modify the features of the Service from time to time in its sole discretion.
You can find detailed information on how the Service works on the
eDough
Web site.
eDough
is not a bank and you acknowledge that you are purchasing
eDough
for use to purchase products and services wherever
eDough
is accepted. If and when you wish to redeem your
eDough
and receive U.S. dollars in return,
eDough
will charge you the fee that is then in effect and posted on www.edough.com. Fees
charged to merchants are set forth in more detail in the individual merchant agreements.
4. Change of Terms; Notices.
eDough
reserves the right to change any of the terms and conditions of this Agreement or
any policies or terms of service governing use of your
eDough
account, including without limitation adding or increasing fees. Any changes will
be effective upon posting of the revisions on the
eDough
Web site at www.edough.com, or following the expiration of any prior notice period
stated by
eDough.
If you do not agree with the changes, you always have the option of terminating your
use of the Service in accordance with Section 18 below. Your continued use of the
Service following
eDough's
posting of any changes to the terms of this Agreement will constitute your acceptance
of such changes.
By entering into this Agreement and using the Service, you agree to receive notice
of changes to this Agreement and other communications electronically rather than on
paper. We will use our best efforts to notify you of the posting of changes to the
terms and conditions of this Agreement by email sent to the primary email address
you have provided to
eDough,
but the Internet is insecure and we cannot guarantee that all emails sent by us will
be delivered to you. If at any time you want to ensure that you have the then-applicable
version of this Agreement, please visit the Web site at www.edough.com.
5. Purchasing
eDough
For Your Account.
Subject to the limits described in Section 8 below, you can purchase
eDough
by authorizing an electronic debit to your Bank checking account ("ACH Transfers"),
by sending us a wire transfer or check, or by going to an
eDough
Machine. You do this by logging in as a Customer at the
eDough
Web site and following the instructions for purchasing
eDough
for your
eDough
account.
Your Bank may impose fees or charge interest on ACH Transfers;
eDough
does not control and is not responsible for such fees or charges.
eDough
reserves the right to impose a reasonable hold period before crediting your
eDough
account on ACH Transfers. If you charge back an ACH Transfer that you used to purchase
eDough
for your account, you agree that
eDough
may recover the amount of the charge-back by either reducing your
eDough
account balance or if there is an insufficient amount of
eDough
in your account you agree that
eDough
may undertake any legal means necessary to recover the amount of the chargeback. Currently,
International users are charged $20 USD per returned ACH and U.S. users are charged
$10 USD per returned ACH. Further, if you charge back an ACH Transfer that you used
to purchase
eDough,
eDough
may terminate your account.
6. Payments.
a) General
By using the Service, you will be purchasing
eDough
for use as payment wherever
eDough
is accepted. Through the Service, you may use
eDough
to purchase products and services from any U.S. or international merchant that accept
eDough
online by debiting your
eDough
account balance and crediting a corresponding amount to the recipient's
eDough
account.
You may purchase
eDough
by sending us a wire transfer, check, electronic check or by going to an
eDough
Machine. Once your payment is received, a corresponding amount of
eDough
will be credited to your
eDough
account for your use wherever
eDough
is accepted. Except as set forth in Section 8, there is no limit on the amount of
eDough
you may purchase at any one time.
b)
eDough
does not Warrant the Quality of Goods or Services that you Purchase
eDough
is not involved in the actual transaction between customers and merchants and is not
the agent of either. Your use of the Service is at your own risk.
eDough
is not obligated to become involved in resolving any disputes related to or arising
out of any transaction other than processing errors by
eDough.
eDough
urges parties to cooperate with each other to resolve such disputes.
Additionally, should you spend
eDough
on the Internet and have any complaint against, or request a return from a merchant,
you acknowledge that
eDough
is not responsible in any fashion and will not become involved in any dispute between
you and the merchant.
7. Redemption of
eDough
Account Balance.
You may elect a redemption of all or part of your
eDough
account balance by requesting an electronic credit ("ACH credit") to your Bank checking
account. You do this by logging in as a Customer at the
eDough
Web site and following the instructions for requesting a redemption of all or part
of your
eDough
account balance. You may access information on your
eDough
account balance online at www.edough.com. All redemptions are converted at the posted
exchange rate for consumers and at the assigned rate for merchants.
All redemption requests will be processed only after verification of the request and
of the requester's identity to
eDough's
satisfaction. In
eDough's
discretion, ACH credits will be processed only to an account with the same name as
your
eDough
account, and subject to confirmation of your bank routing number and bank account
number. You acknowledge and agree that it may take at least three business days after
your request for an ACH credit until such transfer can be completed and the credit
is reflected in your Bank checking account.
eDough
reserves the right to require seven (7) days' advance notice of any redemption in
excess of $2,000.
Upon conversion of
eDough
into US dollars, all users may withdraw funds by direct deposit into your bank account
or by physical check. To cover the cost of processing checks,
eDough
charges $1.00 per check withdrawal. For any direct deposit transaction that is subject
to a fee, you will be charged the fee that is in effect on the day that the transaction
is submitted to
eDough.
If a check is not cashed after 180 days from the date it was issued, the funds (minus
the fee) will be returned to your
eDough
account and the check will be cancelled. Check withdrawals will not be sent to P.O.
Box addresses. In addition, check withdrawals will only be sent to a confirmed address.
If you would like a check withdrawal to an address that does not match these rules,
you must contact
eDough
and produce appropriate documentation as determined by
eDough
before a check will be sent to the requested address.
8. Limits on Your Use of Your
eDough
Account.
Until we have verified your postal address, you may purchase only up to a cumulative
aggregate amount of $500 worth of
eDough
into your
eDough
account. Once we have verified your postal address, you may purchase up to $1,000
worth of
eDough
per 24 hour period. We may, in our sole discretion, increase or decrease any or all
of the foregoing limits.
eDough
may set limits on the dollar amount and number of transactions completed through the
Service during a set time period ("Transaction Limits") for both senders and recipients,
in addition to the maximum amounts set forth above for single transactions. For security
reasons, we do not disclose Transaction Limits. In order to enhance the security of
your
eDough
account and prevent evasion of the Transaction Limits and single-transaction limits
described above, you agree that you may not establish more than one
eDough
account. If we reasonably believe that you have established more than one
eDough
account, we may close all of such
eDough
accounts opened after your first
eDough
account, and we may transfer all of the balances in such additional
eDough
accounts, net of any applicable fees, to your first
eDough
account.
9. Fees.
eDough
will not charge any fees for you to purchase
eDough
and use the Service.
eDough
will only charge consumers an exchange rate when they redeem all or any portion of
their remaining
eDough
account balance, as well as any fees referenced in Section 7 above. Additionally,
eDough
will charge Merchants a fee as set out in more detail in each specific merchant agreement.
eDough
reserves the right to change this fee from time to time by posting such change on
www.edough.com.
However,
eDough
reserves the right to impose fees for use of the Service and/or enhancements to the
Service if business circumstances warrant. You should visit to view the fees, if any,
that are in effect from time to time for
eDough
transactions, which are incorporated into this Agreement by reference. Fees charged
for a specific transaction will also be disclosed at the time of the transaction.
All fees are in U.S. Dollars unless stated otherwise. For any transaction that is
subject to a fee, you will be charged the fee that is in effect on the date the transaction
is submitted to
eDough.
10.
eDough
is Not a Bank and Your Account is Not Insured by
eDough.
You acknowledge and agree that
eDough
is not a bank and that your
eDough
account balance is not a deposit, does not bear interest and is not insured by any
government agency. The funds available for spending
eDough
are insured only to the extent that such funds are insured in
eDough's
escrow account. You acknowledge and agree that you may only spend or redeem the value
of your
eDough
account balance in accordance with the terms and procedures described in this Agreement
and on the
eDough
Web site.
11. Your Responsibility to Protect Your Password.
When you become an
eDough
customer, you will be asked to create a User ID and Password for access to your
eDough
account. This Password is stored in encrypted form by the Service and is not available
to anyone at
eDough.
eDough
employees are never authorized to ask you for your Password, and you should assume
that any request for your Password is improper. Once you have established your
eDough
account, access to your
eDough
account will be possible only through your User ID and Password.
eDough
may delay or stop a payment or transfer from your
eDough
account if it reasonably suspects that such payment or transfer was originated fraudulently.
In such instances,
eDough
shall use its reasonable best efforts to promptly ascertain the authenticity of such
payment or transfer. Provided
eDough
acts reasonably and in good faith, it shall in no event be responsible for any loss
or damages attributable to any such delay or stoppage of payment or transfer to or
from your
eDough
account.
If you believe that your
eDough
User ID and Password is no longer secure (e.g., in the event of a loss, theft or unauthorized
disclosure or use of your User ID and Password ), you must immediately notify
eDough
customer service. Until you notify
eDough
of the possible breach of security,
eDough
shall not be liable for any transfers of your
eDough
account balance by a third party that learned of your User ID and Password through
no fault of
eDough.
eDough
reserves the right to require additional forms of verification as a prerequisite to
granting access to your
eDough
account information.
12. If You Do Not Use Your Account.
If one (1) full year passes during which you do not use your
eDough
account, your
eDough
account will be closed. We will then seek to refund the balance of your
eDough
account, minus any applicable fees, to the last known address or Bank checking account
that you provided. If this refund attempt is not successful, any remaining balance
in your
eDough
account may be classified by the State of California or your home state as unclaimed
property, in which case we will deliver funds to the appropriate State. In that case,
you would have to contact the State to claim any rights to those funds.
13. Prohibitions.
The Service may only be used for lawful purposes and in a lawful manner. You agree
to comply with all applicable laws, statutes and regulations regarding use of the
Service. You may not register under a false name. You may not impersonate another
person, or use another Customer's User ID and Password. Such fraudulent conduct is
a violation of federal and state laws.
Fraudulent conduct may be reported to law enforcement, and
eDough
will cooperate to ensure that violators are prosecuted to the fullest extent of the
law. Illegal or fraudulent conduct constitutes grounds for termination of your
eDough
account.
You agree not to use your
eDough
account for the purpose of avoiding fees associated with any type of cash advance,
and agree not to assist other customers who engage in behavior that could reasonably
be construed as seeking to avoid such fees.
You also agree not to use your
eDough
account for the purpose of claiming an award or incentive and shortly thereafter closing
the account without conducting any material transaction. We reserve the right to reverse
all such transactions and to terminate any accounts that are associated with such
behavior.
14. Privacy.
eDough
is committed to protecting your privacy. You may review our Privacy Policy
here.
We may change the Privacy Policy in the future. Unless otherwise authorized, you agree
not to use any information regarding other customers that is accessible from the
eDough
Web site or disclosed to you by
eDough
except to enter into and complete transactions. You agree not to use any such information
for purposes of solicitation, advertising, unsolicited email or spamming, harassment
or invasion of privacy.
eDough
also reserves the right to report any activity that it suspects violates any law or
regulation to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect
eDough's
customers, or to ensure the integrity and operation of
eDough's
business and systems,
eDough
may access and disclose any information it considers necessary, including, without
limitation, user contact details, IP addressing and traffic information, and usage
history.
15. No Warranty/Disclaimer.
THE
eDough
WEB SITE AND
eDough
SERVICE ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE
eDough
WEB SITE, THE
eDough
SERVICE, ANY OTHER SITES ACCESSIBLE THROUGH THE SITE, AND ANY OTHER
eDough-
RELATED SERVICES.
eDough
RESERVES THE RIGHT TO REFUSE A CONSUMER AN
eDough
ACCOUNT FOR ANY REASON.
ADDITIONALLY, ALL PURCHASES MADE USING EDOUGH WITH MERCHANT OVER THE INTERNET ARE
FINAL AND
eDough
HAS NO LIABILITY OR RESPONSIBILTY WITH RESPECT TO DISPUTES BETWEEN CONSUMERS AND MERCHANTS.
Some jurisdictions may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. A possibility exists that the Web site could include
inaccuracies or errors and that unauthorized additions, deletions and alterations
could be made to the Web site by third parties. Although
eDough
attempts to ensure the integrity and accuracy of the Web site and the materials it
contains,
eDough
makes no guarantees or representations whatsoever as to the correctness or accuracy
of the site. In the event that such an inaccuracy arises, please inform
eDough
so that it can be corrected. Not all products or services discussed or referenced
in the Web site or that are otherwise associated with the
eDough
Service are available to all persons or in all geographic locations.
eDough
and its designers, as well as the providers of such products or services, reserve
the right to limit, in their sole discretion, the provision and quantity of any product
or service to any person or geographic area they so desire. Any offer for any product
or service made in the Web site and/or in connection with the
eDough
Service is void where prohibited.
16. Limitation of Liability.
eDough
, ITS AFFILIATES AND ITS PARTNERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE
eDough
SERVICE, THE
eDough
WEB SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, PRODUCTS PURCHASED USING
THE
eDough
SERVICE, AND/OR ANY OTHER
eDough-
RELATED SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE
eDough
SERVICE IS TO STOP USING THE SITE AND/OR THE
eDough
SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH GOODS OR SERVICES YOU PURCHASE
USING THE
eDough
SERVICE FOR PAYMENT IS TO CONTACT THE SELLER AND ATTEMPT TO RESOLVE THE DISPUTE.
17. Sales Taxes.
You agree that it is the customer's and the merchant's responsibility to determine
whether sales or use taxes apply to the transactions and to collect, report, and remit
the correct tax to the appropriate tax authority. You also agree that
eDough
is not obligated to determine whether sales or use taxes apply and is not responsible
for collecting, remitting, or reporting any sales or use taxes arising from any transaction.
18. Termination.
eDough,
at its sole discretion, may terminate this Agreement, your access to the site, or
your access to the Service for any reason and at any time by providing you five (5)
days' advance notice and payment of your full
eDough
account balance.
eDough
may terminate this Agreement immediately, and you will forfeit your entire
eDough
account balance, if you commit any fraudulent, illegal or impermissible acts as specified
in Section 13 or provide false information to
eDough.
You may terminate this Agreement at any time by contacting us via email through www.edough.com
or by telephoning customer service. Upon termination, if any amounts remain in your
eDough
account, you may request a credit to your Bank checking account or request a check
or ACH Transfer. You acknowledge and agree that
eDough
may set off the amount of any outstanding fees or payments due to
eDough
prior to issuing any such credit.
19. Miscellaneous.
a) Entire Agreement.
This Agreement constitutes the entire agreement between you and
eDough
with respect to the subject matter hereof and supersedes all prior and contemporaneous
agreements, claims, representations and understandings of the parties in connection
with the subject matter hereof.
b) Governing Law.
This Agreement and your
eDough
account is entered into in
eDough's
home state of California and is governed by the laws of the State of California, without
regard to its conflict of laws principles, whether or not your
eDough
account is used outside California.
c) Dispute Resolution/Use of Arbitration.
Except for allegations that you have infringed or have threatened to infringe our
intellectual property rights, you and we agree that any dispute or controversy between
us, or arising under or concerning performance or breach of this Agreement, shall
be settled by one arbitrator in binding arbitration, to be held in San Diego, California
under the then-current rules of the American Arbitration Association. Judgment on
the arbitration award may be entered in any court of competent jurisdiction. In the
event we allege that you have infringed or threatened to infringe our intellectual
property rights, then, in addition to any other rights and remedies we may have, we
may seek preliminary or permanent injunctive relief from any court of competent jurisdiction.
For such actions, you consent to the exclusive personal jurisdiction and venue of
the federal and state courts in and for San Diego, California. Any claim that you
seek to initiate must be brought within one year of the event giving rise to the claim.
d) No Agency; Third-Party Beneficiary.
eDough
is not your agent, fiduciary, trustee or other representative. Nothing expressed or
mentioned in or implied from this Agreement is intended or shall be construed to give
to any person other than the parties hereto any legal or equitable right, remedy or
claim under or in respect to this Agreement. This Agreement and all of the representations,
warranties, covenants, conditions and provisions hereof are intended to be and are
for the sole and exclusive benefit of you and
eDough.
e) Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and
conditions and shall not affect the validity and enforceability of any remaining provisions.
f) No Waiver.
eDough's
eDough's
right to subsequently enforce such provision or any other provisions of this Agreement.