Vault Terms and Conditions

These Vault Terms and Conditions (“Terms”) govern your access and use of the Vault service of our application including any content, features and services available via iOS and Android mobile applications (“Vault”, or the “Service”). Vault is offered by Uphold HQ Inc. to individuals residing in the U.S., by Uphold Europe Limited to individuals residing in the U.K., by Uphold Lithuania UAB to individuals residing in the EEA, and by Uphold Worldwide Ltd. to individuals residing elsewhere. Throughout these Terms, the term “Uphold”, “we”, “us” or “our” refers to the relevant entity that provides the Service to you. 

By using Vault, you agree to follow and be bound by these Terms including any policies referenced herein. We reserve the right to modify these Terms or any additional terms that apply to Vault in accordance with changes to the law or to the Service. You should look at these Terms and Conditions regularly and your continued use of Vault will constitute your acceptance of any revisions to these Terms. 

Please refer to our Privacy Policy for further information on how we collect, use and disclose information to third parties.

1. Vault

   Vault is an assisted self-custody wallet service consisting of software that empowers you to independently manage, control, and retain ownership of your crypto assets. It is crucial to understand that we never assume custody or control over crypto assets held in Vault. Vault supports only certain crypto assets; while we are continually looking to expand the scope of supported crypto assets, Vault does not support every crypto asset that is available on the Uphold platform. A list of crypto assets supported by Vault may be found here.
   
   Assets held in Vault generally cannot be exchanged, sold, or transferred directly on the Uphold platform. To transact on the Uphold platform using assets held in Vault, the assets must first be transferred from Vault to your general Uphold account.
   
   You understand and accept that Vault is entirely self-custodial, and we bear no responsibility for the operation of the underlying networks. We do not provide any guarantees regarding their functionality, security or availability.
   
   You are solely responsible for securing, storing and protecting your Private Keys, as described below. If you lose both of your  Private Keys, we will be unable to help you recover access to any crypto assets held in your Vault.

2. Assumption of Risk

   By utilizing Vault, you understand and accept the inherent risks associated with crypto assets and blockchain-based systems. Please see Risks Specific to Holding Digital Assets for more information.

3. Private Keys

   You acknowledge and agree that you possess complete and exclusive authority over all cryptographic keys generated and managed by you in respect to Vault, referred to as “Private Keys.” You maintain access and control of two (2) private keys: the Vault key, and the Backup key. Uphold does not store a copy of the Private Keys. Accordingly, we are unable to access them in the event of their loss, theft, or compromise.  It is your sole responsibility to safeguard your Private Keys. If you lose both Private Keys at the same time, Uphold cannot assist you to replace them – we can only help replace one lost Private Key at a time – and you will lose access to any of your assets held in your Vault. We bear no responsibility for any loss, damages, or other consequences that may arise as a result of your failure to safeguard your Private Keys, monitor transactions, or any actions of a third party with respect to your Private Keys.
   
   You understand and accept that if you choose to sign up for the Vault service, we will generate and store an “Uphold Key” to co-sign transactions you initiate. We will have sole and exclusive control over such Uphold Key, and we reserve the right to refuse to provide you access, or services enabled by the Uphold Key unless you have been successfully verified and authenticated through the main Uphold platform; and you will lose access to the Uphold Key if you close your account with Uphold or if we terminate your access to the Uphold platform. You further acknowledge and understand that the Uphold Key alone is insufficient for the authorization of any transaction and any transaction will require at least two (2) keys (i.e., either one of the user Private Keys plus the Uphold Key, or both of the Private Keys) to sign.
   
   In the event that you lose one of your Private Keys, we can facilitate its replacement, provided your remaining Private Key is available to co-sign alongside the Uphold Key and your Uphold account is in good standing and your subscription is active. This can be achieved by following the process detailed here. You further acknowledge and understand that the Uphold Key alone is insufficient to replace lost keys.
   
   If you lose access to Uphold for any reason, e.g., you close your Uphold account, Uphold terminates your Uphold account, or the Uphold platform is unavailable for any reason, you may still access and transact with your assets held in Vault using your two Private Keys without any involvement of Uphold. Please see here for instructions on how to transact using Vault without the Uphold Key.

4. Representations

   In order to use Vault, you affirm that the following statements are and will remain true:
   1. You are at least eighteen (18) years old and have the capacity to enter into a legally binding agreement.
   2. You do not reside in or are under the control of, a national or resident of, Cuba, the Democratic Republic of Congo, Iran, Iraq, Myanmar, North Korea, South Sudan, Sudan, Syria, Yemen, or any other jurisdiction subject to sanctions.
   3. You will not engage in any prohibited activities and will remain responsible for complying with the laws in which you use Vault, including all export controls and economic sanctions requirements.
   4. You will use Vault only for your own personal use and not on behalf of any third party.
   5. You will provide accurate information for the purposes of verifying your identity and any supporting information and documents that we may request.
   6. You understand and acknowledge that to use the Platform Key in connection with Vault, you must remain an active user in good standing on the Uphold platform.

5. Prohibitions

   You remain solely responsible for complying with applicable law, including state and federal laws, regulations regarding money laundering, terrorist financing and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use Vault.
   
   Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide the Service at any time in our sole discretion, including without limitation:
   • Use of Vault for unlawful or improper purposes.
   • If we find that you have provided false, misleading or incomplete information.
   • If we identify any attempt to tamper, hack, modify, reverse engineer or otherwise corrupt the security or functionality of Vault.
   • If we find that you have breached these Terms.

6. Our Right of Refusal to Complete Transactions

   For regulatory and compliance reasons, we reserve the right to refuse to complete transaction(s) initiated by you, using the Uphold Key, if we in our sole discretion, suspect the transaction(s) may involve illicit activity like money laundering, terrorist financing, fraud, any crime, or as required by facially valid legal process, or if such transaction would violate these Terms or the terms and conditions applicable to your use of the Uphold platform generally. We reserve the right to report, suspend and/or terminate your access to the Uphold Key for such suspected activity. If your Uphold account is restricted in any way, your access to Vault from within the Uphold app will be similarly restricted.

7. Payments and Billing

   To access Vault, you will need to make a subscription payment via the in-app purchase mechanism provided by Apple and/or Google. You acknowledge that Vault operates on a recurring payment plan. By using Vault, you acknowledge and accept that it includes a recurring payment feature, and you are responsible for all recurring charges until you decide to cancel the Service. To cancel the subscription please go to the subscription section of the Settings app on your phone and  follow the provided instructions, or refer to our FAQs for assistance. If your subscription expires or terminates for any reason, you understand and agree that you will no longer be able to use the Uphold Key in transactions. Sixty (60) days after any expiration or termination of your subscription, your Uphold Key will be permanently deleted and cannot be recovered. The Private Keys will remain functional as described above, but once the Uphold Key is deleted, should you wish to re-subscribe, you will need to create a new Vault with new Private Keys and you may transfer assets held in your old Vault to the new instance using the old Private Keys. Should you wish to re-subscribe within six (6) months of any expiry or termination of your subscription, Uphold reserves the right to charge you for the period in which your subscription was inactive.

8. Taxes

   You remain solely responsible for determining whether any applicable taxes, duties and fees apply to any transactions. As you may transact without using the Uphold Key, Uphold may not have full and definitive records of all transactions of assets held in Vault. You accept and agree that we are not responsible for determining or reporting tax liabilities arising from your use of the Service. You are advised to seek independent investment and tax advice from your professional advisors prior to engaging with the Service to determine any tax consequences.

9. Proprietary Rights

   We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Vault solely for the purposes described herein and reserve all other rights in the Service, including without limitation, our websites, apps, APIs and other content. You agree and accept that you have no additional rights beyond this limited license. You affirm that you will not copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any content or other part of the Service for any purpose. You also agree not to constitute or display any part of the Service without our express written consent and not to use our trademarks without our express permission.

10. Identity Verification

    As a regulated financial services company, we are required to identify all users for legal, regulatory and compliance purposes prior to such users’ use of Vault. To ensure we remain in compliance with applicable reporting requirements in the jurisdictions in which we operate, we may collect and verify your personal information including your legal name, address, government identification, date of birth, social security or taxpayer identification number, bank information, or credit card information. We may also ask questions and verify information ourselves or obtain personal information from third parties in order to verify your identity, prevent fraud, as well as request information from other entities, like banks, for information about you. By agreeing to these Terms and using Vault, you certify under penalty of perjury that the information provided, including your social security or taxpayer identification number, is correct and you agree that we may use the information you provide and other information to verify who you are. You agree that we may maintain a record of such information for compliance purposes.
    
    If you do not provide us with the information that we request of you in a timely manner, we may refuse to provide the Service to you.
    
    All personal information that you provide to us will be processed in accordance with our Privacy Policy. 

11. Governing law

    You agree that these Terms shall be governed by the laws of the following jurisdiction, depending on your jurisdiction of residency, excluding any conflict of laws principles and any claim between you and us:

    • For residents of the US: California

    • For residents of the UK: England

    • For residents of the EEA: Lithuania

    • For all other residents: Bahamas

    Subject to the Arbitration Provision, any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the relevant jurisdiction matching the governing law set forth above, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
    
    If a court of competent jurisdictions finds any provisions outlined in these Terms to be invalid or unenforceable, such provision will be modified and interpreted to accomplish the objectives of the provision to the greatest extent permitted and any such finding shall not invalidate the enforceability of any other provision.

12. Waiver

    Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in these Terms shall be construed as a waiver of any rights that cannot be waived under applicable consumer protection laws or regulations.

13. Force Majeure

    Vault shall not be liable for any delays, failure in performance or Service interruptions which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, failure due to significant market fluctuations, any delay or failure due to any act of God, act of civil or military authorities, act or terrorists, civil disturbance, war, strike or other labor dispute, fire, national or local emergency, natural disaster, pandemic, malfunction of equipment or facilities or any other cause beyond its reasonable control.

14. Limitation of Liability

    NEITHER WE NOR OUR AFFILIATES, PARTNERS, SERVICE PROVIDERS, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, PARTNERS, AND SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE ACTUAL FEES PAID TO US BY YOU IN THE PRECEDING THREE (3) MONTHS OR (B) US$100 DOLLARS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED.

15. Disclaimer

    WE AIM TO MAINTAIN THE SERVICE UP, AVAILABLE, BUG-FREE AND SECURE, BUT YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICE, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF ANY CRYPTO ASSET HELD USING THE SERVICE. WHILE WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF A CRYPTO ASSET, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON. YOU UNDERSTAND AND AGREE THAT THE VALUE OF CRYPTO ASSETS CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE FOR LIABLE FOR ANY LOSSES INCURRED BY HOLDING OR TRADING CRYPTO ASSETS, EVEN IF THE SERVICE IS DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON.
    
    WE SHALL NOT BE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OUR PARTNERS, AND YOU RELEASE US, OUR AFFILIATES, PARTNERS, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND SERVICE PROVIDERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM BASED ON SUCH ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.
    
    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

16. Dispute Resolution

    If you have any questions, concerns or complaints with respect to Vault, please contact us by opening a ticket with our customer support team. Be sure to include your name, the email address associated with Vault, and a description of the issue. You will automatically be assigned a ticket number that will be emailed to you for confirmation. To avoid delays in resolving your inquiry, please have the ticket number available to avoid delays in resolving your query and do not open multiple tickets concerning the same issue.

17. Arbitration

    This Section 17 (the “Arbitration Provision”) sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. You may reject this Arbitration Provision by sending us a written notice which gives your name, address, email address associated with your Account, with a statement that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to Uphold HQ Inc. Attn: Arbitration Rejection Notice, 228 Park Ave. S., #50458, New York, NY 10003-1502. A rejection notice must be signed by you and received by us within 45 days after the date you first open an account or the date this Arbitration Provision first becomes effective, whichever is later. Rejection of arbitration will not affect any other term of these Terms.
    1. Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and Uphold or any of its affiliates, agents, employees, officers, or contractors, arising from or relating to these Terms. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of these Terms. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) transactions conducted using Vault; (b) advertisements, promotions or oral or written statements related to Vault; (c) the benefits and services of Vault; (d) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; or (e) collection of any debt and the manner of collection. We shall not elect to use arbitration under the Arbitration Provision for any individual Claim that you properly file and pursue in a small claims court of proper jurisdiction so long as the Claim is individual and pending only in that court; any Claim that is appealed, transferred or removed from that court shall be subject to arbitration. Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of these Terms as a whole; any such Claim is for the arbitrator, not a court, to decide. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. As solely used in this Arbitration Provision, the terms “we,” “us” and “our” shall for all purposes mean Uphold and its subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, the terms “we” “us” and “our” shall include any third party using or providing any product, service or benefit in connection with Vault if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you.
    2. Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”) or a local equivalent, as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org. If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator.
    3. Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE APPLICABLE ARBITRATOR (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION. THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
    4. Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action or private attorney general basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users of the Service or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. This section of this Arbitration Provision is the “Class Action Waiver.”  (Special procedures apply to Claims that seek public injunctive relief, as set forth below).
    5. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the County of New York, New York or Marin County, California if you are a resident of the United States; in London, England if you are a resident of the United Kingdom; in Vilnius, Lithuania if you are a resident of the EEA; or Nassau, Bahamas, if you are a resident of another jurisdiction. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any individual Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your residential address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
    6. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”) or pursuant to the governing law as set forth in Section 12, above. The arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of these Terms. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise in writing.
       
       The arbitrator shall apply the applicable substantive law, consistent with the FAA or relevant law as set forth in Section 12, above, that would apply if an individual matter had been brought in court. The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law. The arbitrator shall apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA or applicable law. However, if the amount in controversy exceeds $50,000, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding except for any appeal rights under the FAA or applicable law.
    7. No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
    8. Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your access to the Service or these Terms as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for class-wide or public injunctive relief be arbitrated.

18. Legal Process

    You agree and understand that we may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which we reasonably and in good faith believe to be valid. We may, but are not required to, notify you of such process by electronic communication. We may charge you for associated costs, in addition to any legal process fees. You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, or damages associated with our compliance with any process that we reasonably believe in good faith to be valid. You further agree that we may honor any legal process, regardless of the method or location of service.