ONLINE BANKING AGREEMENT AND DISCLOSURE
Please carefully read the following Online Banking Agreement and Disclosure (hereinafter referred to as the “Agreement”. At the end of this Agreement, please acknowledge whether you accept or decline by clicking the appropriate box.
GENERAL DESCRIPTION OF AGREEMENT
This Agreement is between you and Slovenian Savings and Loan Association (hereinafter sometimes referred to as “it”, “us”, “our”, we”, or “Association”), and will govern the use of Slovenian Savings and Loans online banking. Our online banking permits our customers to perform a number of banking functions through the use of a personal computer.
RELATION TO OTHER AGREEMENTS:
Your use of our online banking may also be affected by other agreements which are used in setting up your accounts at Slovenian Savings and Loan. When you link an account to our online banking, you do not change these other agreements. When using online banking, if there is a conflict between any terms and conditions in this Agreement and those contained in other agreements with us, this Agreement will control. Incorporated herein by reference are all of those regulatory disclosures you have previously received from Slovenian Savings and Loan. By accepting this Agreement, you are also acknowledging that you have read the various regulatory disclosures that you received when opening accounts with us.
DISCLOSURE OF “BUSINESS DAY”:
Our business days are Monday through Friday, excluding Holidays.
ONLINE BANKING SERVICES:
A. Overview: Slovenian Savings and Loan Online Banking can be used to:
1. Transfer funds between your different accounts at Slovenian Savings and Loan within regulatory limits.
2. Checking and Savings account inquiry.
3. Perform account maintenance such as changing your I.D. and password for online services. 4. Making bill payments.
5. Send electronic mail messages and questions to us.
6. Deposit check(s)
B. Description of Online Services:
1. Transfers and Payments: As an online customer of Slovenian Savings and Loan, you are permitted to make a transfer of funds from your checking, savings or home equity line of credit to another checking or savings account maintained at Slovenian Savings and Loan. Transfers can also be made as a payment on your loan originated by us. Payments can be entered as a one time or recurring transaction scheduled to repeat at selected time intervals. Payments or transfers entered on our system before 2:00 P.M. Eastern Time on a business day may be processed on the same business day. Payments after this time may be processed on the next business day. The completion of a transfer is subject to the availability of funds in your account at the time of final processing. If you do not have sufficient funds available, your attempted transfer will not process. All transfer requests from your checking or savings account, or your home equity line of credit are reflected in your available balance for that account. Transfers entered before 2:00 P.M. on a business day are processed on that business day. Transfers entered after 2:00 P.M. or on a non-business day may be processed on the next business day. The amount of the transfers are limited to the available balance in the respective transfer account. Transfers to and from Certificates of Deposit are not permitted and transfers from Christmas Club accounts are not permitted.
2. Online Bill Payments: Payments you make through Slovenian Savings and Loan online bill payment services are processed by either an electronic funds transfer or a bill payment check. Electronic funds transfers made by consumers are subject to the provisions of the Electronic Funds Transfer Act which provides a basic framework establishing rights, responsibilities, and liabilities in electronic funds transfer systems. The regulation is referred to as “Regulation E”. There is no limit on the number of bills you can pay. There is a $99,999.99 maximum amount per processing day, a $99,999.99 maximum amount per processing month, a $1,000.00 maximum per individual, and a $2,000.00 per day maximum amount to pay any combination of individuals that you make with us, so long as funds are available in the account you are attempting to perform the bill payment out of. Upon receipt of your request of online bill payment, we are authorized to withdraw the necessary funds from your account on the date you schedule for the payment to be initiated. We are authorized to process your bill payment request and charge your bill payment account even though it does not bear your signature. You agree that you will instruct us to make a withdrawal only when a sufficient account balance is available at the time of withdrawal. In the instance a transfer request is initiated against an account with insufficient funds, the bill payment system will attempt to perform the transaction every day until funds are available to complete the bill payment transaction. If you would not like the transfer to take place even when funds become available, it is your responsibility to delete the bill payment. We are under no obligation to notify you if it does not complete a payment because of insufficient funds. If a bill payment is insufficient and you delete that bill payment prior to funds being disbursed, you are responsible for making alternate arrangements for payment. Payments may be changed or cancelled online anytime prior to 2:00 P.M. on the business day prior to the day the transaction is scheduled to be initiated. If an electronic bill payment takes place and funds are removed from your account, you cannot stop that bill payment from being transmitted. If a bill payment check is mailed, a stop payment form must be completed at one of our offices as soon as possible to prevent the check from being paid. The standard stop payment fee will apply.
3. Mobile Deposits Please note your funds will not be immediately available. Deposits done before 3:00pm will be deposited the following business day. Deposits done after 3:00pm will not be deposited for 2 business days. Important: All items processed via remote deposit capture must be endorsed as: “For Mobile Deposit Only” Limits: Mobile Remote Deposit Capture is for Slovenian Savings and Loan accounts only. Customers can only deposit $5,000.00 in a single transaction, $5,000.00 deposit limit in a day and a $10,000 total deposit limit in a month. The customer is limited to 5 transactions in a day and 10 transactions in a month.
Slovenian Savings and Loans Liability for Failure to make Electronic Transfers:
Slovenian Savings and Loan is responsible for exercising ordinary care in making payments directed through your account. We will not be liable in any way for damages incurred by you due to delays in mail delivery, changes in vendor’s addresses, and the failure of any vendor to account correctly for or credit such payments in a timely manner or for any other circumstances beyond our control. If we do not complete an online transfer or bill payment to or from your account on time or in the correct amount, we will be generally liable for direct losses or damages as limited herein.
Limitations on Our Responsibility:
We will not be liable for failure to make an electronic transfer where conditions or circumstances outside of our control prohibit us from completing the transaction. Examples of this include, but are not limited to: insufficient funds in your account, funds in your account become subject to an encumbrance or levy, malfunction in your computer software, emergencies at Slovenian Savings and Loan, our placement of a “hold” on your account or the account was closed. We reserve the right not to process a transfer or bill payment for security reasons. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer or bill payment and we will likewise not be liable for any incidental or consequential damages.
Consumer Liability for Unauthorized Transfers and Advisability of Prompt Reporting:
Tell us at once if you believe your password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. You can call us at 814-535-7658 or write to us at Slovenian Savings and Loan, 361 First Street, Conemaugh, PA 15909. If you tell us orally, we may require that you send us your complaint in writing within 10 business days. If you believe that your password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your password without your permission. If you do not tell us within two business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. We will determine whether an error occurred within 10 business days after we hear from you and will correct the error promptly. If we need more time, however, for most errors we may take up to 45 days to investigate your complaint or question. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Your Liability for Unauthorized Transfers (Business Accounts Only):
You agree that we may send confidential information including your User ID to the current address shown in our records for your account, whether or not our records include delivery instructions to a particular individual. You also agree that we will not be responsible or liable in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your address. You agree (1) to keep your User ID and password secure and confidential, providing them only to authorized signers on your account(s), (2) to instruct each person with whom you share your User ID and password that this information is not to be given to any unauthorized person, and (3) to notify us immediately if you believe your User ID and password have been compromised and select a new password. If a business account requires more than one signature on checks, no transactional authority will be granted by Slovenian Savings & Loan within the online banking. Slovenian Savings and Loan shall have no liability to you for any unauthorized payment or transfer made that occurs before you have told us of possible unauthorized use and we have had a reasonable time to act on that notice. We reserve the right to suspend or cancel your online access, even if you have notified us of unauthorized access to your account(s), if we suspect the account is being used in an unauthorized or illegal manner. Unless otherwise required by law, in no event shall we be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages.
Termination of Slovenian Savings and Loan Online Banking or Bill Pay:
Either you or Slovenian Savings and Loan may terminate your online banking service or bill payment service. Upon termination of your online service or bill payment service, all pending payments as of the date of your service termination will be cancelled. If you terminate your online or bill payment service, you must send written notice to Slovenian Savings and Loan, 361 First Street, Conemaugh, PA 15909. We must receive such notice at least 5 days in advance of the termination date. We reserve the right to terminate the online and bill payment services or your enrollment in this service at any time. We may terminate your online and bill payment services without prior notice to you if (1) we, within our sole discretion, suspect fraud or other illegal activity, (2) if there exists any other reason for which the terms and conditions applicable to your enrolled account(s) permit us to close your enrolled accounts(s), or (3) your online account is dormant for 12+ months.
When your Slovenian Savings and Loan online service is linked to one or more joint accounts, we may act on the verbal, written, or electronic instructions of any one authorized signee regarding your service. If a joint account requires more than one signature on checks, no transactional authority will be granted by Slovenian Savings & Loan within the online banking platform.
C. SETTING UP YOUR SLOVENIAN SAVINGS AND LOAN ONLINE ACCOUNT WITH SLOVENIAN SAVINGS AND LOAN:
1. To use Slovenian Savings and Loan online services you must have:
-a computer with an Internet Service Provider (ISP)
-a web browser that supports 128-bit SSL encryption
2. To register with us for these services, you must:
-complete the online registration form and mail it to Slovenian Savings and Loan, 361 First Street, Conemaugh, PA 15909.
-obtain your username and online password from Slovenian Savings & Loan (each will be mailed to your physical address separately)
-read this Slovenian Savings and Loan Online Banking Agreement and Disclosure that you accessed at our website, www.sloveniansavings.com, and click on the “I Agree” button indicating your consent and understanding of the terms of the service.
D. SERVICE CHARGES AND FEES
1. Online Banking access is free.
2. Bill payment services are free.
3. Other service charges and fees, disclosed to you when you opened your account(s), may be assessed.
E. SERVICE HOURS
Slovenian Savings and Loan online banking is available 365 days a year 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed online when you sign on to the online banking.
A. AMENDMENT TO THIS AGREEMENT
Slovenian Savings and Loan reserves the right to change this Agreement at any time, and you will be notified of such changes by mail or electronic message. If you maintain your Slovenian Savings and Loan online and or bill payment services after the effective date of any change, you will be considered to have consented to such change or amendment.
B. DISCLOSURE OF ACCOUNT INFORMATION
Slovenian Savings and Loan will disclose information to third parties about your account(s) or the transfers you make:
-where it is necessary for completing transfers
-to verify the existence and condition of your account for a third party such as a credit bureau or merchant
-in accordance with your written permission
-in order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports
-on receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978 and the Gramm-Leach-Bliley Act of 1999. For more information on our Privacy Protection Policy refer to our website at www.sloveniansavings.com.
C. ACCOUNT STATEMENTS
You will receive a monthly statement (or at least quarterly if there were no transfers in a particular month) that show transactions for any account that has electronic fund transfers to or from the account. These account statements are also available to you within the online banking platform.
D. ACKNOWLEDGEMENT OF REASONABLE SECURITY PROCEDURES
By using our online banking service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are reasonable. You agree to be bound by instructions which we implement in compliance with these procedures.
E. GOVERNMENT LAW
Disputes arising from or related to this Agreement shall be governed by laws of the commonwealth and jurisdiction for any litigation involving same will lie exclusively in Cambria County, Pennsylvania.
F. COMPUTER SYSTEM FAILURES AND DATA LOSS
Each party to this Agreement will assume the risk of loss associated with loss of data, software or computer system failure attributable to viruses, worms or other similar components which may be downloaded during online services. This provision shall not apply to intentional acts which are designed to lead to system failure. Under no circumstances shall we be responsible for any indirect, incidental or consequential damages.
G. INVALID, ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS AGREEMENT
In the event any one or more provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable, and the invalid or unenforceable provisions shall be deemed modified to the extent necessary to make it valid, legal and enforceable while encompassing the intent of the parties.
H. OTHER DISCLOSURES
In addition to this Agreement, you and Slovenian Savings and Loan agree to be bound by and comply with the requirements of all agreements and disclosures applicable to each of your accounts with Slovenian Savings and Loan.
We may make partial assignments to independent contractors to perform various tasks in connection with online services provided.
J. EXCLUSION OF WARRANTIES
Slovenian Savings and Loan makes no express or implied warranties or representations as to the accuracy or completeness of Slovenian Savings and Loan online and bill payment services, including, but not limited to, any warranties or merchantability, fitness for a particular purpose or non-infringement.
ACCEPTANCE By clicking the “I Accept” box below, you acknowledge your consent and agreement to the foregoing Agreement and further acknowledge that you have accepted electronic delivery of the terms and conditions contained in this Agreement and all of the disclosures referenced in this Agreement and contained on our website located at www.sloveniansavings.com. You also agree that all of the other disclosures referenced in this Agreement that pertain to your particular account(s) were previously received by you from Slovenian Savings and Loan Association. If you decline, please signify by clicking the “I Decline” box below.
By enrolling in, accessing or using the Service, you agree to be bound by this Agreement and all of its terms without change. This Agreement is between JH and you, the user. If you are using Banno Business on behalf of a company or other organization, such company or organization will also be considered a party to this Agreement and you represent and warrant that you have the authority to bind such company or organization to this Agreement. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS YOUR CLASS ACTION RIGHTS AND THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JH.
(i)General. JH is not the provider of any of the financial services available to you through the Service and JH is not responsible for any of the materials, information, products or services made available to you through the Service. You acknowledge and agree that JH is the owner of all right, title and interest in the online and/or mobile technology solution made available to you in the Service, including but not limited to any downloaded software and the computer programs contained in the Service, as well as any accompanying user documentation, and all subsequent copies, updates or versions, regardless of the media or form in which they may exist (together, the “Software”).
You may not use the Software unless you have first accepted this Agreement. Subject to the terms and conditions of this Agreement, we grant you a subscription to use the Software (in machine readable object code form only) in accordance with this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution’s services made available via the Software. This is not a sale or license of the Software. All rights not expressly granted to you by this Agreement are reserved by JH. Nothing in this Agreement will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This subscription may be terminated at any time, for any reason or no reason, by you or JH. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or are otherwise in your possession or control. You will not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software;(v) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; or (vi) use the Software to train any generative artificial intelligence application. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. You agree to use the Service, the App and the Software in compliance with applicable laws and for your own personal use only or, if you are a subscriber of Banno Business, only for your use on behalf of your business or organization for its internal business purposes.
(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information (“Account Information”). JH does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
(iv) Your Responsibility for Information. You are responsible for providing JH with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information (“Registration Information”) so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately. Text messaging services may be provided by your financial institution. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g., mobile telephone number, “From” field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.
(v) Your Account. If you use the Service, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your Account or password. Make sure to log out of your Account when you are finished using the Service. If your status as a user of the Service is terminated, you will (i) stop using the Service and any information obtained from the Service, and (ii) destroy all copies of your account information, password and any information obtained from the Service. We encourage you to use strong passwords that use a combination of upper and lowercase letters, numbers and symbols, contain at least ten characters and are not used by you with other services or websites. You agree to provide accurate information when you register. You will immediately notify us of any breach of security or unauthorized use of your Account. We will not be liable for any losses or other damages caused by any unauthorized use of your Account. We may delete your Account and any data in your account at any time and move the location where we store your Account information in our sole discretion. We may suspend your Account and use of the Service at any time for any reason including any potential security threat or fraud. You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right to use, store, copy, transmit and modify any data you submit on the app and you represent and warrant to us that you have the right to provide such data.
(vi) Rights You Grant to JH. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to JH through the Service, you are voluntarily supplying that content to JH for the purpose of providing the Service to you. By submitting such information to JH, you represent that you are entitled to submit it to JH for use for this purpose, without any obligation by JH to pay any fees. By using the Service, you expressly authorize JH to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. JH will submit information including user names and passwords that you provide to log you into the site. You authorize and permit JH to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when JH is accessing and retrieving Account Information from the third-party sites, JH is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.
(viii) No Unlawful or Prohibited Use. As a condition of your use of the Service, you warrant to JH that you will not use the Service for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Service automatically terminates. You will not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy data or content found on the Service or accessed through the Service. You will not republish JH content or other content from the Service on another website or app or use in- line or other linking to display such content without our permission. You will not introduce viruses, spyware, malware, or other malicious code to the Service or interfere with the integrity or security of the Service. You will not use the Service for benchmarking purposes, use another Service user’s account, reverse-engineer the Service or use the Service to develop any competing product or service. You will not identify us or display any portion of the Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights or refer to JH or the Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of the Service under this Agreement, without JH’s express written consent. If you are under the age of 13, you are not permitted to use the Service.
(ix) Mobile Devices. To use the mobile app provided with the Service (the “App”), you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You are responsible for any message and data rates from your mobile service provider when you use the App. You must comply with all rules and regulations of your mobile service provider and the mobile app store from which you download the App. If you download the Mobile App from the Apple App Store, you acknowledge and agree that this Agreement is solely between you and JH, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, JH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App and compliance with the terms and rules of the Apple App Store, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third-party beneficiary.
If you download the App from the Google Play Store: (i) you acknowledge that the Agreement is between you and JH only, and not with Google, Inc. (“Google”); (ii) your use of App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) JH, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the App.
(x) Consent to Use of Data. You agree that JH may collect and use data and information about you, your device, system and application software, and peripherals, that is gathered through your use of the Service to facilitate the provision of software updates, product support, product enhancements and other services (if any) related to the Service. JH may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
(xi) Disclaimer of Warranty. THE SERVICE AND THE APP ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE OR THE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE SERVICE, THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(xii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JH BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, JH’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE APP WILL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(x) Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Service or this Agreement will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest to you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator will not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) If the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, JH retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JH retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
(xi) Miscellaneous. This Agreement constitutes the entire agreement between you and JH concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. Failure by JH to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you. This Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly waived and excluded.