Apovallo - Money Transfer

Terms and Conditions

The Apovallo Service

General

This Service allows us to accept, from Customers, card payments initiated with cards bearing the trademarks of Visa, Mastercard, American Express, Discover, and other payment card networks, and electronic bank account payments. To facilitate your receipt of payment, Apovallo initiates the payment process by providing information to a payment processor. Apovallo is not a bank, a money services business, or a payment processor and will not hold funds from a payment transaction at any time.

Registration

To use the Service, you must register with Apovallo to create an Account. By registering for a Apovallo Account, you represent and warrant that you register on your own behalf.

Information Collected.During the registration process, Apovallo collects information about the users, including (at a minimum) their name, Email address, address and telephone number.
Additional Information.Apovallo may request additional documentation for identity verification at any time and you agree to provide said documentation upon request. This documentation may include, but is not limited to: (a) Government issued identification (such as a passport or driver’s license), (b) Evidence of residential address.
Who May Obtain Service.
You must be registered as a user on Apovallo. For you to be able to use the services Apovallo offers, you must be an Apovallo Account holder.
Your use of the Apovallo Account must not violate any applicable laws. You commit to us that your opening and/or using of an Apovallo Account does not violate any laws applicable to this service. You take responsibility for any consequences of your breach of this section.

Verification & Accuracy

You must provide accurate and complete information. If we cannot verify that the information you provide is complete and accurate, we may deny your use of the Service and, at our option, close your Apovallo Account. You agree to immediately notify us if you discover that any information which you provided to us is inaccurate or out of date and to immediately correct and update all such information as necessary from time to time. You authorize Apovallo, directly or through inquiry of third parties, to verify the accuracy of any information you provide.

Underwriting and Sharing Information

Apovallo may share some or all of the information about you, your use of this Service, and your transactions with our partners and service providers (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with Apovallo, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. You agree that Apovallo, its partners and service providers (and their respective affiliates, agents, subcontractors and employees) are permitted to conduct monitoring of your transactions. At any time, Apovallo, its processor or its other partners may conclude that you will not be permitted to use the Service.

You agree that Apovallo is permitted to contact banks (including recipient’s banks) and other financial institutions to obtain information about your transactions. This includes sharing information:

for regulatory or compliance purposes,
for use in connection with the management and maintenance of the Service,
for the maintenance of your Apovallo account and to assist us in better serving you, and
to conduct Apovallo’s risk management process.

Fees

Our Fees

Apovallo will provide the Service to you at the rates and fees (“Fees”) described on thePricing Page, which is incorporated into this Agreement. The Fees include charges for transactions (such as processing a payment) and for other events connected with your Apovallo Account. You agree to pay our Fees for use of the Service (if any).

Change in Fees

Subject to the terms of this Agreement, we reserve the right to change our Fees at any time. To continue the use of this Service after a change of fee means you consent to the change in Fees. To withdraw your consent, you must discontinue using the Service.

Intellectual Property Rights

The Apovallo Website, the Services, the content, and all intellectual property therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Apovallo, its affiliates or third parties, and all right, title and interest therein and thereto shall remain the property of Apovallo, its affiliates and/or such third parties. The Website and Services may be used only for the purpose permitted by these Terms and Conditions.

These Terms of Use permit you to use the Sites for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Sites for your personal use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your personal use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Sites.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws

Trademarks

The APOVALLO name, logo and related trademarks, trade names, service marks, and other trade indicia owned by the Company are registered or unregistered marks in the United States and other countries, and may not be used without the Company's prior written consent. Other trademarks, service marks, trade names, or trade indicia referenced on the Sites may be owned by third parties and are used solely for identification purposes.

Use Restriction

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. Without limitation, you agree not to use the Sites:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Allow third-parties to access or use the Service through your Apovallo account
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites or expose them to liability.

Additionally, and without limitation, you agree not to:

Use the Sites in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Sites.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically disruptive or harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server(s) on which the Sites is/are stored, or any server, computer or database connected to the Sites.
Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Sites.
To attempt to reverse engineer Apovallo Payments.
To violate the security of Apovallo or attempt to gain unauthorized access to the Service, or Apovallo's computer systems or networks connected to any server associated with Apovallo.

Unauthorized or Illegal Use

You will use commercially reasonable efforts to prevent unauthorized use of the Service and to immediately disable and terminate any unauthorized use. You are responsible for all use of your Apovallo User Account and your User ID and other access information (e.g. passwords, if any). You will promptly notify Apovallo of any unauthorized use of, or access to, the Service of which you become aware.

Apovallo may suspend, disable, or change your Apovallo User Account or access credentials for the Service, such as any user ID and password, at any time if Apovallo believes that your access credentials have been compromised, that you or someone using your Apovallo User Account is a threat to the integrity or security of the Service, or if Apovallo has another reasonable basis for doing so.

We may instruct the Bank to not authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement, or exposes you, other Apovallo users, our processor, or us to potential harm. Harm includes, but is not limited to, any risk of loss or damage, fraud and other criminal acts.

If we have reason to suspect unauthorized, illegal, or criminal activity, we will share information about you, your Apovallo User Account and any of your transactions with law enforcement.

Exchange Rates

We will let you know the exchange rate before the commencement of the transaction.

We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions here, which may be changed from time to time.

Transactions

Accepted Forms Of Payment

Payment Cards:Apovallo supports most credit, debit, prepaid or gift cards bearing Visa, Mastercard, Discover or American Express trademarks. We may add or remove support for certain payment cards at any time without prior notice. We may elect only to process cards that receive an authorization from the applicable issuer. You may choose not to accept cards issued by a particular Network in accordance with the Network Rules and Operating Regulations.

Payment Transactions

Transactions are indicated as Completed, Failed, Pending or Refunded.

“Completed” indicates that the transaction has been successfully processed and finalized and no further activity is required on the transaction.

“Failed” indicates that the transaction is not successful. User will not be debited for a failed transaction.
“Pending” indicates that a transaction has been initiated and when cleared the funds will be available in the Recipient’s Account. If Apovallo determines that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, Apovallo may reverse or refund the transaction in less than 7 days.
“Refunded” indicates that a transaction has been reversed, in whole or in part, or canceled. This could be due to you issuing a refund or due to inaccurate or incomplete information about your Account, or our inability to validate the legitimacy of the payment, Recipient, or you. You may contact Apovallo Support for more information. If a payment is refunded, the removal of an authorization on a Customer account or a return of funds to a Customer account may not be immediate and Apovallo cannot guarantee funds availability within 7 days.

Apovallo reserves the right to limit or restrict transaction size or volume at any time. We will consider a variety of factors in making this decision and will make this determination at our sole discretion.

Refunds

Subject to applicable law:

Transactions may be cancelled for a refund of the transfer amount, unless the funds have been deposited to beneficiary account as at the time Apovallo receives Your written request.
Apovallo may charge you a fee to refund the transfer amount back to You in those instances where Receiver rejects Your funds.

Termination

Your Right to Terminate

You may terminate the Service at any time by contacting customer support and requesting that we disable your account. Your termination of the Service will automatically result in termination of this Agreement.

Our Right to Terminate

Upon notice to you, we may terminate this Agreement and terminate the Service for any reason with or without cause. We may choose to terminate the Service without terminating your other services. We may also suspend your access to your Apovallo Account if you:

have violated the terms of Apovallo’s policies, this Agreement, or the Network Rules,
have been reasonably deemed to pose an unacceptable fraud risk to us, or
have provided any false, incomplete, inaccurate, or misleading information or have otherwise engaged in fraudulent or illegal conduct.

If your Apovallo Account is terminated for any reason, you agree:

to continue to be bound by this Agreement, including the Arbitration provision,
to immediately stop using the Service,
that the license provided under this Agreement will end,
that we reserve the right (but have no obligation other than as described in our Privacy Policy) to delete all of your information and Apovallo Account data stored on our servers, and
that Apovallo will not be liable to you or any third party for termination of access to the Service, deletion of your information or Apovallo User Account data, or export of your information or Apovallo User Account data.

Effect of Termination

Upon termination of this Agreement for any reason, you will cease using the Service.

If an investigation is pending at the time you close your Apovallo Account, Your funds as described herein may be refunded. If you are later determined to be entitled to some or all of the funds in dispute

We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. The arbitration provision of this Agreement will survive the termination of this Agreement.

Security

Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Sites.

To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to us through the Sites or otherwise, including but not limited to the use of any interactive features on the Sites, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Apovallo’s Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk. If you discover a security related issue, you agree to inform us of the issue immediately by contacting the Apovallo’s Security Team atccc@apovallo.com. You also agree not to disclose the issue until Apovallo has addressed it.

Breach of Security

Subject to your obligations of confidentiality or a duty to restrict dissemination of proprietary information arising from third party relationships or as otherwise imposed by Law, you will promptly notify Apovallo as soon as commercially reasonable upon learning of any suspected or actual security breach, unauthorized disclosure, compromise of privacy involving Cardholder Data or the actual loss or theft of any such personal information.

Representations and Warranties; Disclaimers

Mutual

Each party hereby represents, warrants and covenants to the other party that:

Its obligations under this Agreement are valid, binding and enforceable in accordance with the terms and conditions et forth herein;
It has the full legal right and authority to enter into and implement this Agreement in all respects, and the execution and performance of this Agreement does not violate, or conflict with any other contract or agreement to which it is a party, or by which it is bound, and that the person accepting the terms of this Agreement has complete authority to bind it to this Agreement; and
It is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization with corporate power and authority adequate for executing, delivering, and performing its obligations under this Agreement.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically disruptive or harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the sites or to your downloading of any material posted on them, or on any website linked to them.

Your use of the sites, their content and any services or items obtained through the sites is at your own risk. The sites, their content and any services or items obtained through the sites are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the sites. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the sites, their content or any services or items obtained through the sites will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our sites or the server(s) that make them available are free of viruses or other disruptive or harmful components or that the sites or any services or items obtained through the sites will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, Apovallo, its processors, the networks and the bank (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service, or any delay in performing our obligations under this agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Apovallo, its processors, agents, suppliers, licensors, networks or the bank (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability.

Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall Apovallo, its processors, suppliers, licensors, networks or the bank (or their respective affiliates, agents, directors and employees) 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. Under no circumstances will Apovallo be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

Indemnification

You will indemnify, defend and hold us and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) 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 third party person or entity that arises out of or relates to:

Any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Operating Regulations;
your wrongful or improper use of the Service;
Any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you);
your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
your violation of any Law of the United States or any other country; or
Any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.
Any violation of these Terms of Use or your use of the Sites, including but not limited to your User Contributions

User Contributions

The Sites may feature chat or messaging applications, social media, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "Public User Contributions") on or through the Sites. Similarly, the Sites may feature, accept and utilize personal profile information (including but not limited to identification cards, driver license, passport or other identity card, together with all content therein) and user measuring applications / analytics (collectively,"Non-Public User Contributions") that allow users to submit to the Company information we need in order to facilitate transactions and improve our service. Public User Contributions and Non-Public User Contributions are collectively "User Contributions".

Any Public User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any Public User Contribution on the Sites, you grant us and our affiliates, agents and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

You own or control all rights in and to your Public User Contributions and have the right to grant the license granted above to us and our affiliates, agents and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

We have the right to:

Remove or refuse to post any Public User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any suspected illegal or unauthorized use of the Sites.
Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. You waive and hold harmless the company and its affiliates, agents, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.

However, we cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

The following content standards apply to any and all Public User Contributions and use of Interactive Services and, where applicable, to any and all Non-Public User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Arbitration

This section affects your rights. Please read carefully before agreeing to this provision.

Generally

You and Apovallo agree that any and all disputes and claims between you and Apovallo will be resolved by binding arbitration. All issues are for the arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this arbitration provision, including the interpretation of the “NO CLASS ACTIONS” paragraph below, must be determined by the court and not the arbitrator. For purposes of this arbitration provision, references to “you” and “Apovallo” include your and Apovallo’s respective parent companies, subsidiaries, affiliates, agents, predecessors in interest, successors, and assigns. Arbitration is an alternative to a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. Arbitrators can award the same individualized damages and relief that a court can award. This agreement to arbitrate includes, but is not limited to, all claims arising out of or relating to any aspect of the Service, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise prior to, during, or after the termination of the Service.

Waivers

By entering into this agreement, you and Apovallo are each waiving the right to a trial by jury or to participate in a class action in court or in arbitration.

Exceptions

You and Apovallo agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right to (i) bring an individual action in small claims court, or (ii) bring issues to the attention of federal, state, provincial, or local agencies.

Hearing

Any arbitration hearings will take place in the county of your billing address.

No class actions

You and Apovallo agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator is empowered to resolve the dispute with the same remedies available in court, but any relief must be individualized to you and will not affect any other person or company. Further, unless both you and Apovallo agree otherwise, the arbitrator may not join more than one person’s or company’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or any particular remedy for a claim, then that claim or particular remedy (and only that claim or particular remedy) must remain in court and be severed from any arbitration.

Other terms and information

This arbitration provision will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. Notwithstanding any provision in this Agreement to the contrary, Apovallo will not make any material change to this arbitration provision without providing you with notice and an opportunity to reject that change. Rejection of any future change will not impact this arbitration provision. This arbitration provision supersedes any prior arbitration agreement between you and Apovallo. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any party was not a named party in the arbitration, unless and except as required by applicable law.

Miscellaneous

Governing Law

Except as otherwise provided in this Agreement, including in the Arbitration provision, this Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Maryland, without regard to choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Except as otherwise provided in the Arbitration provision, the parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of Maryland.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Apovallo without restriction or consent.

Amendment of Agreement

Except as otherwise provided in the Arbitration provision, we reserve the right to modify or add to this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including but not limited to notice on our website or any other website maintained or owned by us and identified to you. Any use of the Service after our publication of any such changes shall constitute your acceptance of the then current version of this Agreement. You may not modify or amend this Agreement unless we agree to such modification or amendment in a written instrument signed by a duly authorized representative of Apovallo. For the purposes of this section, a written instrument shall expressly exclude electronic communications such as email and electronic notices including facsimiles.

Survival

Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement or that expressly or by their nature extend beyond the termination of the Service shall survive and remain in effect in accordance with its terms upon the termination of this Agreement. In addition, the following provisions will survive the expiration or termination of this Agreement: (Limitation of Liability); (Indemnification); (Electronic Communications); (Arbitration); (Miscellaneous).

Severability

Except as otherwise provided in the Arbitration provision, all provisions of this Agreement, notwithstanding the manner in which they have been grouped together or linked, are severable from each other. If any of these terms should be determined to be unenforceable, the remaining terms of this Agreement shall survive and remain in full force and effect and continue to be binding and enforceable.

Waiver and Cumulative Remedies

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. A waiver shall only be effective in writing executed by the party granting the waiver. Other than as expressly stated herein, any remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Headings and Construction

The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision.