Terms - End User Terms of Use

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End User Terms of Use
Tuesday July 31, 2018

Terms of Use

Last Revised July 31, 2018

These Terms of Use (“Terms”) apply to your access to, and use of, all or any part of the Services (as defined below) any website or mobile application, payment and other products and services, including bolt.com, boltapp.com, and all associated sites, frames, or web services (collectively, the “Services” or “Bolt Services”) of Bolt Financial, Inc. or its affiliated companies (collectively, “Bolt”, “us”, “we”, “our”). The words “you” and “your” refer to the users of the Services, and to any successor in interest of any such user. Please read these Terms and our Privacy Policy (https://bolt.com/privacy) (“Privacy Policy”) carefully because they govern your use of the Services.

BY ACCEPTING ELECTRONICALLY, USING, OR INITIATING PAYMENT THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING [email protected] WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT. This agreement contains disclaimers and other provisions that limit our liability to you.

  1. Bolt Services.

    1. The “Services” collectively refers to Bolt’s website, mobile application, and any other web services offered by Bolt or its affiliated companies to individual end users, as each may be updated, relocated, or otherwise modified from time to time, including bolt.com, boltapp.com. The Services include functionality to enable users to make payments to merchants, service providers, retailers, restaurants, or other parties who are selling goods and/or services (“Seller” or collectively, “Sellers”) and using Bolt to receive payment. If you are a Seller, please see the Merchant Agreement Terms found at https://bolt.com/merchant-terms which apply to you in your capacity as a Seller.

  2. Eligibility to Use Bolt.

    1. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SERVICES. By using the Services, you represent and warrant that you are at least 18 years of age. You agree that these Terms form a binding contract between you and Bolt. If you are using the Services on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Services, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.

  3. Your Use of the Site and Services.

    1. You agree to use the Services solely in accordance with applicable law.

    2. You agree not to use any human or automated means to process, to access, acquire, copy or monitor any portion of the Services other than for its intended purpose, or in any way reproduce or circumvent the navigational structure or presentation of the Services, nor to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Bolt reserves the right to bar any such activity, to terminate your account and your use of the Services and Services if we suspect such activity, and to pursue damages from you for such activity as set forth herein.

    3. You agree not to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Bolt server, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means.

    4. You agree that you will not modify, alter, reproduce, or distribute the Services, rent, lease, lend, sell, redistribute, or sublicense the Services, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any third party service), attempt to disable or circumvent any security or other technological measure designed to protect the Services or any content available through the Services, remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any content or other material obtained through the Services or the use of the Services;

    5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Bolt’s systems or networks, or any systems or networks connected to the Services or to Bolt.

    6. You agree not to use any device, software, routine, or method to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

    7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bolt on or through the Site or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, in connection with the Services.

    8. You may not use or access the Services to build a competing service.

    9. You may not transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.

    10. You may not harvest or collect information about other users without their prior written consent, or otherwise engage in activities that could violate the privacy rights of others.

    11. You may not use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bolt or others.

    12. Bolt, in its sole discretion, may terminate this Agreement, your or any other party’s access to the Services, or any payment made through the Services immediately without notice at any time when Bolt in its sole discretion determines that (i) any information provided by you is incorrect, (ii) you are engaging in fraud and/or misrepresentation or violating any applicable law(s); or (iii) any governmental authority has initiated an informal or formal investigation of or civil or criminal proceeding against you.

  4. Account Information.

    1. A Bolt account may be created purposefully by a user or automatically in connection with our Services as follows, and you agree that we may establish an account or account-like object (collectively, “User Account”) on your behalf when you:

      1. Select the box during payment to save and reuse your information with a Seller. The information you submit in connection with payment as well as any other information saved with the Seller and passed to us to effect your payment (collectively, “Information”) may be made a part of your User Account.

      2. Select the box to save your Information to your device so you can use this device to pay any Seller more easily, in which case your Information will be made a part of your User Account.

      3. Select the option to register for Bolt at the end of checkout, in which case your Information will be made a part of your User Account.

    2. You agree that the same Seller may charge you in accordance with your agreement with such Seller through this stored Information.

    3. You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from us at any time by emailing [email protected] You acknowledge that opting out of receiving communications may impact your use of our services. Depending on your current carrier plan, you may incur charges for text messages or e-mail and agree you will not hold, nor participate in any action which seeks to hold, Bolt liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of Bolt, and that Bolt is not responsible for any failure of warranty by any such third party. Bolt cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

  5. Privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. By accessing or using the Services, you acknowledge and agree that your use of the Services is subject to our Privacy Policy.

  6. Payment Terms.

    1. Bolt may choose the payment card brands it accepts and change them from time to time in its sole discretion. Bolt currently accepts Visa, MasterCard, and Discover payment cards on behalf of Sellers.

    2. By submitting your payment request, you represent and warrant that you are authorized to use the payment method and authorize Bolt to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments. All payment requests are subject to authorization by your card issuer, financial institution or payment network.

    3. Your placement of a payment request does not necessarily assure that we will accept your request. We reserve the right to refuse, suspend, or cancel any request in our sole discretion.

    4. In order for Bolt to verify your authority to use a card, you may be required to provide a mobile phone number and then tell us the PIN code that we send to that mobile phone number. By providing your phone number, you consent to receive a text and PIN from us as provided above. In addition, before accepting your order, we may require additional information to complete your order.

    5. Once we receive a properly completed payment request from you and authorized by your card issuer, payment network or other financial institution, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for fulfillment.

    6. If you make a purchase in a currency other than United States Dollars, you agreed to be charged and, if applicable, refunded according to the then-current exchange rate at Bolt’s bank of choice.

    7. Additional terms and conditions may apply to your payment request and to specific portions or features of the Services including rules related to your use of your payment method such as Visa, MasterCard, American Express, and Discover payment networks and bank transfers, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. These Terms do not alter the Terms you’ve agreed to with a Seller, except with respect to the direct relationship between you and Bolt.

  7. Purchase Mechanics.

    1. Anytime you click “pay” on the Services, you are authorizing us to transfer funds out of your account or to debit them from your payment card (as applicable), and deposit them into the Seller’s account. You also authorize us to use the last 4 digits of your card to verify the issuer. If you complete a purchase with recurring payments, you authorize Bolt to charge the card you used for the initial purchase for each recurrence.

    2. Whenever you make a purchase, you consent to the creation and use of a unique token in connection with that purchase in a credit card gateway selected in our discretion. This token does not include your credit card information, but it does allow us to effect a charge on your credit card, and you agree that we may charge your card to effect your payments using this token indefinitely.

  8. Preventing Fraud and Your Rights With Respect to Credit Reports.

    1. Bolt reserves the right to confirm your identity and screen your transaction for fraud when you make a purchase. You hereby consent to the collection and use of your email, phone number, IP Address, Physical Address, and Name by Bolt, as well as third party history and verification services used by Bolt, for the purpose of confirming your identity and validating your payment, which may make background information about you and/or your email available to Bolt. Any background information generated or referenced in this matter is not used for the purpose of credit reporting about you. Bolt or the applicable Seller may refuse to process a transaction if fraud is suspected. If fraud is detected after a transaction is processed, Bolt or the applicable Seller may at any time within 10 business days of the date the transaction was initiated reject the transaction and refund the charged amount back to the payment method it was charged to.

    2. You agree that we may share this information with third parties for the purpose of preventing fraud. You further agree that we may use the Information submitted in connection with your payment to improve and optimize our fraud detection and prevention services.

    3. In connection with this process, we will use only information we believe is accurate and complete. Our company’s name and address are included in these Terms for consumers’ reference, but we do not consider our fraud detection activities “consumer reports” for purposes of the Fair Credit Reporting Act. You acknowledge that the review described in this section is comparable to a Seller choosing whether or not to accept a check from you; Bolt is not an agency that maintains credit records on your behalf.

    4. In the event our fraud detection activities result into our, or the applicable Seller’s, refusal to process a transaction, you will be notified with an email to the address you provided during payment. This notice will include our name and the reason for our determination not to proceed with your transaction (a “Denial Notice”). If you wish to correct or dispute a matter set forth in such notice, you must send a letter to the address reflected in your notice explaining your dispute and/or correction within 60 days of receiving the Denial Notice. We will follow up with you as soon as practicable to work to resolve this dispute, though we are not obligated to take any action based on your dispute other than to fairly and completely evaluate it.

  9. Your Relationship with Sellers.

    1. You are purchasing goods and/or services from the Seller and your purchase is governed by any terms and conditions offered by the Seller or any contract between you and the Seller. Bolt acts as the Seller’s agent and receives payments from you on their behalf. You must contact the Seller to resolve any issues you have with respect to the goods and services you ordered or purchased from the Seller, including without limitation any issues relating to shipping and delivery, product warranty, product return, refund, exchange, and the terms of any agreements you entered into with the Seller in connection with your order or purchase. You acknowledge and agree that Bolt is not responsible or any of these.

    2. You also acknowledge and agree that Bolt is also not in any way responsible for the quality, usability, or any other element of the goods or services you order or purchase from a Seller. You acknowledge that Bolt does not endorse any goods or services offered for sale on Seller websites linked to the Bolt Services. Bolt does not warrant the accuracy or reliability of any information or marketing messages contained in Seller websites linked to the Bolt Services.

    3. If you have dispute rights through your credit card issuer, any disputes filed with your credit card issuer shall be between you and the issuer, and Bolt shall not be held liable for such disputes.

    4. You agree that we can make information about your purchase available to the Seller through a Seller dashboard and/or our API, each of which will requires the Seller to pass certain authentication measures. If your Seller operates through a third party platform, such as Shopify, your purchase information may be shared with that platform through the Seller.

  10. Your Information and Identity.

    1. You agree to (a) use only accurate Information in connection with the Services at all times; (b) maintain and promptly update your Information with each subsequent purchase; (c) promptly notify Bolt if you discover or otherwise suspect any security breaches relating to the Services; and (f) be held solely liable for losses incurred by Bolt or any Seller due to any inaccurate Information you submit through the Services.

    2. You authorize Bolt, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include without limitation requiring you to provide your date of birth and/or mobile telephone number, asking you for further information, or verifying your information against third party databases or through other sources. Bolt reserves the right to close, suspend, or limit access to your User Account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your User Account has been compromised; or (c) your User Account has been used in, or seems to have been used in, a nefarious manner.

    3. If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account.

  11. Ownership. You acknowledge and agree that: (i) the Services, including, without limitation, any content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Bolt and its suppliers, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Bolt; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.

  12. No Representations or Warranties.

    1. THE SERVICES ARE PROVIDED “AS IS” AND BOLT AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOLT DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT. Bolt does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Services. Use of the Services may be interrupted due to events outside Bolt’s reasonable control, such as delays in the banking system or credit card networks or data networks. Bolt will use commercially reasonable efforts to process payments in a timely manner, but Bolt makes no representations or warranties regarding the time it takes to complete any transaction.

  13. Limitation of Liability.

    1. IN NO EVENT SHALL BOLT AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF BOLT OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AGGREGATE AMOUNT OF NET REVENUE RECEIVED BY BOLT RESULTING FROM YOUR USE OF THE SERVICE OR (B) $100. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOLT AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF BOLT OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE THESERVICES; (2) DELAYS OR DISRUPTIONS IN THE SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO THE SERVICES; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM SELLERS; OR (8) CHANGES TO THESE TERMS.

    2. BOLT IS NOT AFFILIATED WITH ANY OTHER BOLT USER, SELLER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER BOLT USER, SELLER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE BOLT (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    3. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Bolt or its affiliates, knew or should have known about the possibility of damages. None of the above limitations shall apply where prohibited by law.

  14. Indemnification.

    1. You agree to defend, indemnify and hold harmless Bolt and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) related to your violation of these Terms or your use of Services.

  15. Void Where Prohibited and Compliance with Laws.

    1. Bolt administers and operates the Site from its location in San Francisco, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bolt reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

    2. Without prejudice to the foregoing, when using the Services, you agree to comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.

  16. Arbitration.

    1. Agreement to Arbitrate. You and Bolt each agree that any and all disputes or claims arising out of or relating to these Terms or the relationship between you and Bolt, including without limitation federal and state regulatory and statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, as set forth in this Section 16 (“Arbitration Terms”), rather than in court. These Arbitration Terms and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND BOLT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BOLT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER BOLT USERS.

    3. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must follow these Terms as a court would.

    4. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Arbitration Terms. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

    5. The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or Bolt, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or Bolt may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and Bolt subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.

    6. If you do not wish to be subject to this Arbitration requirement, within 30 days of first accepting these Terms, send an email to Bolt at [email protected] stating that you (include your first and last name) decline this arbitration agreement.

    7. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Arbitration Terms. If the value of the relief you are seeking is $15,000 or less, Bolt will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Bolt should be submitted by mail to the AAA along with your Demand for Arbitration and Bolt will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Bolt for all fees associated with the arbitration that Bolt paid on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

    8. Severability. With the exception of any of the provisions in Section 16.2 (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of these Arbitration Terms is invalid or unenforceable, the other parts of these Arbitration Terms shall still apply. If a court decides that any of the provisions in Section 16.2 (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) are invalid or unenforceable, then the entirety of these Arbitration Terms, with the sole exception of the jury waiver set forth in Section 16.9, shall be null and void. The remainder of the Terms, including the jury waiver set forth in Section 16.9, will continue to apply.

    9. Jury Waiver. IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND BOLT PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND BOLT EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

    10. Future Changes to these Arbitration Terms. Notwithstanding any provision in these Terms to the contrary, you and Bolt agree that if we make any change to these Arbitration Terms (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Bolt prior to the effective date of the change.

  17. Force Majeure. Bolt will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Bolt’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays Bolt in fulfilling its obligations hereunder.

  18. Feedback. If you provide any feedback to Bolt concerning the functionality and performance of the Services (including identifying potential errors and improvements), you hereby assign to Bolt all right, title, and interest in and to such feedback, and Bolt is free to use such feedback without payment or restriction.

  19. Assignment. You may not transfer or assign any rights or obligations you have under these Terms without Bolt’s prior written consent. Bolt reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.

  20. Governing Law, Venue. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Bolt, except as otherwise stated in these Terms.

  21. Contract Interpretation. These Terms, along with any applicable Bolt policies and other agreements that you have agreed to, sets forth the entire understanding between you and Bolt with respect to the Services. It supersedes any prior agreements between you and Bolt regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by law. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  22. Changes and Amendments. Bolt changes and improves its Services on a regular basis and reserves the right to change the Terms at any time. If we determine in our sole discretion that changes are material, we will notify you by a reasonable means, which may include either posting the change to our Services or any page from which you access the Services. If you use the Bolt Services after the date the change takes effect, you consent to the changed Terms. We encourage you to read the Terms before each new purchase or payment transaction through the Bolt Services.

  23. Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Bolt Financial, Inc. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the address below or contact Bolt via email at [email protected] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento CA 95834 or by telephone at (800) 952-5210.

  24. Contact Us. Please feel free to contact us with any comments, questions or suggestions you might have regarding these Terms or the Services. You may contact us at:

Bolt Financial, Inc.,

288 7th Street, San Francisco CA 94103

Telephone: +1 800-265-8053 (1-800-BOLT-053)

Email: [email protected]