Welcome to the DailyPay movement!
DailyPay provides software to employers and payroll companies that allows them to pay employees daily. Our goal is to revolutionize payroll to be more transparent and accessible.
We want you to completely understand what we do, how we do it, and what is required of you. These Site Terms (“Terms”) explain things you should know about using www.dailypay.com, www.trydailypay.com, our applications (together, the “Site”), and any of the services (the “Services”) provided by DailyPay, Inc. (“DailyPay,” “our,” “us,” or “we”) on or through the Site. The Services include the “DailyPay Program,” a service that enables an employee to access unpaid earnings. The DailyPay Program Terms (www.dailypay.com/terms) (“Program Terms”), which supplement these Terms, govern the DailyPay Program.
IMPORTANT: THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION AGREEMENT, WAIVE CLASS ACTIONS, AND WAIVE JURY TRIALS (SECTION 17), DISCLAIMERS (SECTION 3), AND LIMITATIONS ON LIABILITY (SECTION 4). PLEASE READ THESE TERMS, INCLUDING THOSE SECTIONS, CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST DAILYPAY OR YOUR EMPLOYER RELATED TO YOUR USE OF THE SITE AND THE SERVICES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHTS TO SEEK RELIEF IN A COURT OF LAW AND TRIAL BY JURY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17.F.
By using the Site or any of the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Site or any of the Services and close your DailyPay account.
1. Use of the Site
The Site may be used only according to these Terms. You may use the Site only for lawful purposes. You may not modify, distribute, publish, license, create derivative works from, transfer, or sell any information or content contained on the Site.
If you wish to use certain parts of the Site or the Services, you will need to establish a DailyPay account by providing us with certain information, including information about your identity and, in some cases, banking information; you will need to establish user access credentials, including a password and other multi-factor authentication credentials, to protect your DailyPay account; and you also authorize us to collect such data and other data, including third-party information and information from your employer, about you (collectively, “Personal Information”).
If you are not at least 18 years of age, you may not use the Site, Site Information, or Services without the consent of your parent or legal guardian, which you must provide to us, in the form we specify, when you establish your DailyPay account. We will also require your parent or legal guardian to agree, in the form we specify, to take full responsibility for all activity related to your DailyPay account and all of your duties under these Terms and any Additional Terms (as defined below) before you may use the Site, Site Information, or Services.
We reserve the right, in our sole discretion, to refuse to approve a DailyPay account and to delay, suspend, or terminate access to any DailyPay account, the Site, or participation in any Service.
You represent, warrant, and promise that:
- If an individual, you are at least 18 years of age;
- You are fully authorized to enter into and perform under these Terms;
- These Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;
- The execution, delivery, and performance of these Terms by you does not violate law or the provisions of any agreement to which you are bound;
- There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these Terms;
- The name you used or verified to establish your DailyPay account is your legal name, and you have not used any other name with us;
- Any information, materials, data, content, or documents you provide or make available to DailyPay are and will remain true, correct, and complete;
- You will maintain and update Personal Information to keep it true, accurate, current, and complete;
- You own or have obtained the right to all of the intellectual property rights concerning the Personal Information you provide DailyPay, and you have the right to provide DailyPay the license in these Terms to your Personal Information;
- You will keep all login details, user accounts, and passwords secure at all times and will not allow anyone else, other than your authorized agents, to access your DailyPay account; and
- You are and will remain solely liable for the activity that occurs in connection with your DailyPay account and will notify us immediately if you become aware of any unauthorized access to your DailyPay account.
2. Additional Terms; Changes; Account Closure
DailyPay may offer you Services, such as the DailyPay Program, which are subject to additional terms and conditions that are available on the Site or otherwise made available to you separately from these Terms (“Additional Terms”). The Program Terms are an example of Additional Terms. Any Additional Terms are incorporated and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control with respect to the conflict.
We reserve the right, in our sole discretion, to change these Terms and any Additional Terms. We will post on the Site or otherwise make available to you any changes. Your continued use of the Site or any Service will constitute your acceptance of any changes.
If you wish to close your DailyPay account, you may do so through the Site by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: firstname.lastname@example.org. An account closure request will become effective after we carry out the request. An account closure has no effect on your duties to us, all of which survive the closure and the expiration or termination for any reason of these Terms or any Additional Terms.
All information, content, materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, and the like, as well as the selection, assembly, and arrangement of these items (together, “Site Information”) on the Site is subject to change or removal without notice. DailyPay may make changes to the products, services, features, and functionality available at the Site or through the Services without notice. Without our prior written consent, you may not use the Site Information for any commercial purpose, including distribution, resale, or display.
The Site Information is provided only for general information purposes. DailyPay does not operate as a lender, a broker, or an accounting, financial, or investment planner or advisor. We do not provide financial, business, accounting, securities, tax, legal, or professional advice of any kind. Your use of the Site and Services is at your sole discretion and risk.
Although DailyPay has attempted to provide sound materials, DailyPay assumes no responsibility for the accuracy, merchantability, or completeness of the Site, the Site Information, the Services, or other services, products, features, or functionality of the Site; and DailyPay makes no commitment to update them. The Site, the Site Information, and the Services are furnished “as is,” “at your own risk,” and “as available.” All warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, and non-infringement of intellectual property, are specifically excluded and disclaimed. Further, DailyPay does not warrant that the Site Information will meet any person’s requirements. The Site or Services (and any server that makes the Site or Services available) may not be uninterrupted or free of errors, viruses, or bugs.
DailyPay is not liable for any disruption to the Site, Site Information, or Services and is not liable for losses related to your inability to use them for any reason. DailyPay is excused from performing any duties under these Terms or Additional Terms which are prevented or interfered with by conditions beyond DailyPay’s reasonable control.
4. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYPAY AND ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SITE, ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES) ARISING OUT OF OR RELATING TO:
- THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, SITE INFORMATION, SERVICES, OR ANY WEBSITES OR OTHER CONTENT LINKED TO THE SITE;
- ANY SITE INFORMATION, MATERIALS, PRODUCTS, SERVICES, FEATURES, AND FUNCTIONALITY AVAILABLE AT THE SITE, THROUGH THE SERVICES, RELATED TO THE SERVICES, OR CONTAINED ON ANY SUCH WEBSITES OR OTHER CONTENT LINKED TO THE SITE; OR
- THESE TERMS, THE ADDITIONAL TERMS, OR ANY ACTS OR OMISSIONS UNDER OR IN FURTHERANCE OF THESE TERMS OR THE ADDITIONAL TERMS (EXCEPT FOR WILLFUL MISCONDUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAILYPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
IF YOUR USE OF THE SITE, SITE INFORMATION, THE SERVICES, OR ANY WEBSITES OR OTHER CONTENT LINKED TO THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ARE LIABLE FOR ALL RELATED COSTS.
DAILYPAY DOES NOT OPERATE AS AN ARCHIVE OR FILE STORAGE SERVICE AND DOES NOT UNDERTAKE TO STORE ANY OF THE DATA THAT YOU MAY PROVIDE, UPLOAD, IMPORT, OR OTHERWISE GENERATE DURING YOUR USE OF THE SITE OR SERVICES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING, PROTECTING, AND BACKING UP YOUR DATA AND THAT YOU MAY LOSE ACCESS TO ANY DATA PROVIDED, TRANSMITTED, UPLOADED, IMPORTED, OR MADE ACCESSIBLE BY USING THE SITE OR SERVICES. DAILYPAY WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF SUCH DATA, OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING SUCH DATA.
IN NO EVENT WILL THE LIABILITY OF DAILYPAY FOR ANY DAMAGES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DAILYPAY FOR USING ANY OF THE SERVICES DURING THE MONTH PRIOR TO YOU BRINGING THE CLAIM.
6. Links to Third-Party Websites; Third-Party Software Products
Links on the Site to third-party websites or software products are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third parties’ software products may require you to have, and actually be signed into, an active user account for such third-party software products.
DailyPay has not reviewed these third-party websites, applications, or software products; does not control them; is not liable for their content; and does not endorse or make any representations, warranties, or promises about them, or any information, software products, or other products or materials found on them, or any results that may be obtained from using them. You use third-party websites, applications, or software products linked to the Site at your own risk and agree that we have no liability for such use.
7. Third-Party Distribution Channels
Our software applications may be made available to you through the Apple Inc. (“Apple”) App Store, Android Marketplace, or other distribution channels (each, a “Distribution Channel”). If you obtain a software application through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between only you and us, and not with a Distribution Channel. If you utilize any other third-party products or services in connection with your use of our Site or Services, you agree to comply with all applicable terms of any agreement for such third-party products or services.
The following additional terms and conditions apply for a software application made available for your use with an Apple-branded product (“Apple-Enabled Software”):
- DailyPay and you acknowledge that these Terms are between only DailyPay and you, and not with Apple; and that, as between DailyPay and Apple, DailyPay, not Apple, is solely responsible for the Apple-Enabled Software and its content.
- You may not use the Apple-Enabled Software in any way that violates, is inconsistent with, or conflicts with the Usage Rules for the Apple-Enabled Software or the Apple App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules for the Apple-Enabled Software or the Apple App Store Terms of Service.
- Apple has no obligation to support or maintain the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. If any Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any such failure to conform to any warranty, which will be DailyPay’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- DailyPay and you acknowledge that DailyPay, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession or use of that Apple-Enabled Software, including: (A) product liability claims; (B) claims that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
- If a third-party claims that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between DailyPay and Apple, DailyPay, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that: (A) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to DailyPay as follows:
55 Broad Street, 29th Floor, New York, New York 10001
DailyPay and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary.
8. Intellectual Property
The Site, Site Information, Services, and all other information and intellectual property referenced on or related to the Site and Services, including patents, copyrights, logos, computer code, trademarks, and trade secrets, are owned by DailyPay or third parties and are protected by law. All other applicable ownership rights are reserved, and you will abide by all laws applicable to them. By making the Site, Site Information, and Services available, DailyPay does not grant any licenses to or transfer any right, interest, or title in any intellectual property rights to you or any other person.
YOU AGREE TO INDEMNIFY DAILYPAY AND ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SITE, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, JUDGMENTS, SETTLEMENTS, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND FEES (INCLUDING ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”) WHICH MAY ARISE FROM OR RELATE TO YOUR USE OF THE SITE, SITE INFORMATION, OR SERVICES; USE OF YOUR DAILYPAY ACCOUNT; OR FROM YOUR BREACH OF THESE TERMS OR ANY ADDITIONAL TERMS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO ASSUME THE EXCLUSIVE CONTROL OF THE DEFENSE OF ANY SUCH CLAIM.
10. Site Security
We maintain physical, electronic, and procedural safeguards reasonably designed to protect our Site, Site Information, Services, and systems. We make no guaranty that our Site, Site Information, Services, systems, or any related data transmissions are absolutely secure.
11. Governing Law
THE LAW, INCLUDING THE STATUTES OF LIMITATION, OF THE STATE OF NEW YORK WILL GOVERN THESE TERMS AND THE ADDITIONAL TERMS, THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND ANY CLAIM OR CAUSE OF ACTION (IN LAW OR EQUITY), CONTROVERSY, OR DISPUTE ARISING OUT OF OR RELATED TO THEM OR THEIR NEGOTIATION, OR EXECUTION OR PERFORMANCE OF THE TERMS, SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STATUTORY OR OTHER LAW, IN EACH CASE WITHOUT GIVING EFFECT TO ANY CONFLICTS-OF-LAW OR OTHER PRINCIPLE REQUIRING THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
13. Export Control.
You may not use, export, import, or transfer the Site, Site Information, or Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Site, Site Information, or Services, and any other applicable laws. In particular, but without limitation, the Site, Site Information, and Services may not be exported or re-exported (A) into any U.S. embargoed countries, or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Site Information, or Services, you represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and (B) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use the Site, Site Information, or Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by DailyPay are subject to the export control laws and regulations of the U.S. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer DailyPay products, services, or technology, either directly or indirectly, to any country or person in violation of such laws and regulations.
14. Complaints by California Consumers
You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing at Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DailyPay as a result of these Terms or any Additional Terms, or your use of the Site or Services. You may not assign any part of your rights or duties under these Terms or any Additional Terms without DailyPay’s prior written consent, and any such attempted assignment without DailyPay’s prior written consent is and will be void. No waiver of any duties or rights of either party will be effective unless in writing, executed by the party against whom it is being enforced. If any term of these Terms, the Program Terms, or any Additional Terms is held invalid, then that term will be deemed severable from the remaining terms and in no way affects the validity or enforceability of the remaining terms. These Terms and any Additional Terms, including the Program Terms, are the final, complete, and exclusive agreement of the parties with respect to the subject matter they govern and supersede and merge all prior discussions between the parties with respect to such subject matter; and nothing on the Site should be construed to alter such agreement. The titles in these Terms are used for convenience only and are not to be considered in construing them.
16. Agreement to Do Business Electronically and How to Provide Notice
You agree to conduct business with us electronically, including the execution of these Terms and any Additional Terms, all of which may be executed by electronic signature, including an electronic sound, symbol, or process, attached to or logically associated with the agreement.
You agree that we may provide you notices, disclosures, electronic records, and other communications by email, by posting in your DailyPay account, by SMS message (including text message), by regular mail, or any other method. You may provide us notice through the Site or by email to: email@example.com.
We will use the contact information we have on file for you to notify you, and it is your responsibility to notify us immediately of any changes to your contact information. If you wish to update your contact information, you may do so through the Site by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: firstname.lastname@example.org.
You consent to be contacted by us or our representatives at any telephone number or electronic address you provide or at which you may be reached. You consent to receive SMS messages, calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us or our representatives at the numbers you have provided to us, or numbers we can reasonably associate with you (through skip trace, caller ID capture, or other means), with information or questions relating to you or the Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a representative calls, he or she may also leave a message on your answering machine or voicemail, or send a message by text. Calls may be recorded.
To unsubscribe from text messages, reply STOP to any text message you receive from us. If you unsubscribe, we may restrict or terminate your access to the Services. You consent that following a request to unsubscribe from text messages, you may receive one final text message from us confirming your request and/or providing an alternative to access your DailyPay account.
You also agree to receive alerts about your activity, balances, payments, suspicious activities, and other matters involving your use of the Site or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your DailyPay account or use of the Site or the Services. We may terminate your use of push notifications without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or other device. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us and are your liability.
You agree that all agreements, notices, disclosures, and other communications that we provide or make available to you electronically or post on the Site satisfy any legal requirement that a communication be in writing, if such a requirement is applicable, and you waive any rights you may have to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited by law.
To request paper copies of any electronic communications, please send an email to: email@example.com. We may charge you for the shipping costs we incur in for providing paper copies. You may withdraw your consent to receiving electronic communications at any time by emailing us at: firstname.lastname@example.org. If you withdraw your consent to receiving electronic communications, the legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior communications will remain in effect. Any withdrawal of consent to receiving electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request. If you withdraw your consent to receiving electronic communications, we may immediately delay, suspend, or terminate your access to and participation in your DailyPay account, the Site, and Services.
17. Arbitration; Jury Trial Waiver; Class Action Waiver
Please read the following arbitration agreement in this Section 17 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the ways you can seek relief from us.
A. Applicability of Arbitration Agreement. You agree that any dispute, controversy or claim arising out of or relating in any way to your access or use of the Site, Site Information, or Services, to your use of any of the Services provided by DailyPay, to any aspect of your relationship with DailyPay, or to the interpretation, scope, or application of this Arbitration Agreement (“Covered Claims”) shall be resolved by binding arbitration, rather than in court, except that: you or DailyPay may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement applies, without limitation, to all claims that arose or were asserted before the effective date of these Terms or to any prior version of these Terms. You also agree to arbitrate any Covered Claims against your employer in accordance with this Arbitration Agreement and that your employer may enforce the terms of this Arbitration Agreement against you and compel arbitration of any Covered Claims.
An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
B. Arbitration Rules and Forum. The Federal Arbitration Act and federal arbitration law govern this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. A copy of the letter must also be sent to your local JAMS Resource Center, which can be found at http://www.jamsadr.com/locations/.
The arbitration shall be administered by JAMS an established alternative dispute resolution provider, and shall be conducted by a sole arbitrator appointed by JAMS, who shall be independent, neutral and impartial. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as then in effect (currently available at https://www.jamsadr.com/rules-streamlined-arbitration. Disputes involving claims and counterclaims of $250,000 or more shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures as then in effect (currently available at https://www.jamsadr.com/rules-comprehensive-arbitration/). JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. If you are a Business, the seat of the arbitration proceedings shall be in New York, New York or at another mutually agreed location. If you are not a Business, the location of the arbitration proceedings shall be no more than 45 miles from where you are domiciled A Business is a person who has used or is using the Site, Site Information, or Services primarily for other than personal, family or household purposes. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If JAMS is not available to arbitrate, the parties shall select an alternative arbitral institution to administer the arbitration, and the provisions of this Section 17.B will be applied to the fullest extent as if JAMS were available to arbitrate.
C. Authority of Arbitrator. The arbitrator shall have the authority to (i) determine the scope, applicability and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration shall not be consolidated with any other arbitration or joined with any other arbitrations, cases or parties.
In any arbitration, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
D. Waiver of Jury Trial. YOU AND DAILYPAY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and DailyPay are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.A.
E. Waiver of Class and Collective Action or Other Non-Individualized Relief. YOU AND DAILYPAY AGREE TO BRING ANY CLAIMS IN THE ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS OR COLLECTIVE BASIS. ACCORDINGLY, ALL CLAIMS, CONTROVERSIES AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought in (i) if you are a Business, the state or federal courts located in New York County in the State of New York; or (ii) if you are not a Business, the state or federal courts located in your state of domicile and having jurisdiction over the severed claim, or (iii) at another mutually agreed location. All other claims shall be arbitrated.
F. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within 30 days after first becoming subject to this Arbitration Agreement to: email@example.com. Your notice must include your name and address, the email address you used to set up your DailyPay account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
G. Severability. Except as provided in Section 17.E, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
H. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with DailyPay.
I. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if DailyPay makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing DailyPay at the following address: 55 Broad Street, 29th Floor, New York, New York 10001.