GoDo Terms of Use
GoDo is a financial technology company, not a bank. The GoDo Prepaid Card and all banking services are provided by Sutton Bank, member FDIC.
IMPORTANT NOTE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 21 BELOW.
1. Acceptance of Terms
By visiting our Website, downloading the GoDo App, creating a user account with GoDo (“User Account”) or by using any of our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you cannot use Website, GoDo App or the Services. If you have any questions about these Terms, please contact us at support@godolife.com.
2. Incorporation of Additional Agreements
As a condition of creating an User Account or using the Services, you acknowledge that additional agreements may be in place that govern your relationship with GoDo, including but not limited to our Privacy Policy and GoDo Messaging Terms and Conditions [add link] (collectively, “Additional Agreements”), each of which is hereby incorporated into these Terms by reference. The terms and conditions of the Additional Agreements shall continue to apply in full force. In the event of a conflict with these Terms, the Additional Agreements shall control.
3. Overview of Services
GoDo offers services and features to help you manage your finances (collectively, the “Services”). These Services include:
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GoDo Wage Advances – A service that allows you to receive free advances of your earned but unpaid wages to help you cover upcoming expenses or avoid having insufficient funds for a transaction. Please see Section 9 for terms that govern the GoDo Wage Advance program.
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GoDo Prepaid Card – Access to a prepaid card issued by Sutton Bank (“GoDo Card”) that allows you to deposit funds, receive GoDo Wage Advances and conduct transactions. Please see the GoDo Prepaid Cardholder Agreement for terms that govern the GoDo Card.
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Mobile Card Services – Various services and features that allow you to view, manage and access your GoDo Card from your mobile device.
4. Modification of Services and Terms
GoDo may, at its sole discretion, offer you additional Services or modify, limit, suspend or discontinue any or all Services without advance notice and without liability to you. GoDo also reserves the right to amend these Terms at any time and will notify you of any such changes by posting revised Terms on its Website. You should check these Terms periodically for changes. All changes shall be effective upon posting.
5. Eligibility
To access our Website or to use the GoDo App or our Services, you must (i) be at least eighteen (18) years of age; (ii) a United States citizen or legal resident; (iii) not suspended or removed from using our Services; and (iv) agree to be bound by these Terms. Additional eligibility requirements may apply to specific Services as set forth in Additional Agreements. We may also change our eligibility requirements from time to time.
GoDo may refuse to provide you access to the GoDo App or our Services, or refuse to establish a User Account for you, for any reason in our sole discretion. We are not liable for any damages or liabilities resulting from a refusal to grant you access to Services or establish a User Account.
6. Minimum Technology Requirements to Access GoDo App and Services
To access the GoDo App and use our Services, you must have a mobile device with access to the Internet running Apple iOS 13.0 or higher, or Android 8.0 or higher, the ability to download and view PDF files, and maintain a valid email address. You must also have sufficient storage space on your mobile device to install the GoDo App. The GoDo App is available on the Apple App Store and Google Play Store.
7. Privacy and Use of Your Data
Your privacy is very important to us. We will only collect, use and share your information and data in accordance with our Privacy Policy. We fully incorporate our Privacy Policy into these Terms and reserve the right to update the Privacy Policy at our discretion. Any changes to our Privacy Policy are effective once posted to our Website.
8. Setting up a User Account
In order to use the GoDo App or our Services, you must establish a User Account with us. To establish a User Account, download the GoDo App and follow the instructions provided within the application. You agree that the information you provide to us when establishing an account and at all other times will be true, accurate, current and complete, and that you will keep this information accurate and up-to-date at all times.
When you establish a User Account, you will also be asked to create a username and password (“Login Credentials”) that you will use to access your User Account and our Services through the GoDo App. Keep your Login Credentials safe, do not share them with anyone, and notify us immediately if your Login Credentials are lost, stolen or compromised. By establishing a User Account, you agree that any activities or actions taken through your User Account under your Login Credentials will be deemed by us as authorized by you. We are not liable for any loss or damage you incur by sharing your Login Credentials with another party or your failure to comply with these requirements.
By creating a User Account, you agree to (a) provide true, accurate, current and complete information about yourself, (b) maintain and promptly update such information to keep it true, accurate, current and complete, (c) comply with all applicable laws and regulations, and (d) not take any action or direct any other person to take any action that is fraudulent or deceptive, infringes on the rights of others or GoDo, or that you know is false or misleading. If we have reasonable grounds to suspect the information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your User Account and/or your access to some our Services.
9. The GoDo Wage Advance Service
If you are eligible, the GoDo Wage Advance Service (“Advance Service”) allows you to receive advances at no fee of up to a certain percentage of your Earned But Unpaid Wages (each, an “Advance”) to your GoDo Card to help you cover upcoming expenses or avoid having insufficient funds on your GoDo Card for a transaction. The specific percentage of your Earned But Unpaid Wages that will be available to you to take as Advances (“Advance Limit”) will be determined as described in Section 9.2 below. Each Advance given to you is then repaid when you receive your next direct deposit from an Employer. There are no costs for access to the Advance Service, and any Advance you choose to receive is at no charge.
Once you accept an Advance we offer to you, the funds will be deposited onto your GoDo Card. You may receive Advances of Earned But Unpaid Wages up to your Advance Limit each pay period, in as many increments as you prefer. We will not offer you and you cannot receive additional Advances if you have not fully repaid all Advances from the prior pay period.
9.1 Definitions
As used in this Section 9:
- “Business Day” means any day other than a Saturday, Sunday or federal bank holiday.
- “Earned But Unpaid Wages” means the accrued cash value of wages that you have earned from an Employer but have not yet been paid to you and are scheduled to be paid to you on your next scheduled payday.
- “Employer” means a business entity that pays you wages and has connected its payroll data to GoDo or its third-party service providers.
9.2 Your Eligibility for Advances
The Advance Service is available to United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, and all U.S. territories who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. You must also have a GoDo Card to receive the funds from Advances and establish a qualifying direct deposit. A qualifying direct deposit is an ongoing electronic deposit of income by an Employer of at least $25 that you receive onto your GoDo Card at substantially regular intervals.
If you are eligible for advances, we determine your Advance Limit based on the following criteria:
- The amount of your Earned But Unpaid Wages as reported by your Employers;
- Your transactional history on your GoDo Card; and
- Publicly available information and any other data to which you give GoDo access.
We may change our eligibility criteria at any time with or without notice to you.
9.3 How to Request an Advance
You may request an Advance through the GoDo App by following the directions contained on the GoDo App. We may also offer you Advances from time to time through the GoDo App which you may choose to accept. You will ordinarily receive your requested Advance within minutes, but it may take up to one business day.
9.4 Repayment of Advances
You authorize GoDo to electronically debit the amount of each Advance provided to you from your GoDo Card on the day you receive your next direct deposit from an Employer following the date on which you received the Advance (the “Pay Back Date”). Failed or rejected debits may be reinitiated by us up to two (2) additional times.
9.5 No Obligation to Repay
We warrant that we have no legal or contractual claim or remedy against you based on a failure to repay an Advance. We further warrant that, with respect to any Advance we provide to you, (i) we will not engage in any debt collection activities if you do not repay the Advance on the Pay Back Date; (ii) we will not place the amount of the Advance as a debt with, or sell it to, a third party; and (iii) we will not report the Advance to any consumer reporting agency. However, we will not provide you any further Advances while any amount remains unpaid under the Advance Service.
9.6 No Fee Access to the Advance Service
There are no fees to access the Advance Services.
9.7 Wage Data
Through agreements with third-party providers, GoDo will access your wage and paycheck data, and you understand that GoDo will rely on such information to determine your Earned But Unpaid Wages in order to provide the Advance Service to you.
You represent and warrant that, to the best of your knowledge, you have earned the Earned But Unpaid Wages to which each Advance relates, that those Earned But Unpaid are not subject to reduction in whole or in part by reason of a valid lien or garnishment, and that by requesting an Advance, you have a reasonable expectation of receiving those Earned But Unpaid Wages in your next scheduled wage payment.
10. How to Contact Us
You may contact us with any questions or concerns regarding the GoDo App or the Services. The best way to contact us is through the secure messaging function of the GoDo App. You may also contact us by calling us at 1-844-226-1413 (from within the United States) or 1-832-344-3665 (from outside the United States) 24 hours a day, 7 days a week, or emailing us at support@godolife.com.
11. Restricted Activities
By using the Services, you agree that you will not:
- Breach these Terms;
- Infringe upon our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Create or control more than one User Account without our express authorization;
- Provide false, inaccurate or misleading information;
- Use GoDo to engage in any actions that we reasonably believe are potentially fraudulent, unlawful or that violate any applicable law;
- Use GoDo in a manner that results in or may result in complaints disputes; claims, fines, penalties or other liability or losses to GoDo, other GoDo users or third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the GoDo Services) operated by us or on our behalf;
- Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or GoDo Service;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
- Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of GoDo service) operated by us or on our behalf, any of the Services or other users’ use of any of the Services;
- Take any action that may cause us to lose any of the Services from our internet service providers or service providers; or
- Harass and/or threaten our employees, agents, or other users.
If we believe you have engaged in any of these activities, we may take a number of actions to protect ourselves in our sole discretion, including termination or suspension of your User Account.
12. Email and Cell Phone Communications
We may contact you from time to time in connection with the Services, GoDo Card, or any product or service for which you have begun to inquire and/or completed an enrollment process.
By providing your mailing address and email address, you agree to be contacted by GoDo or our affiliates by written notices or letters, email messages, and instant messages, at any mailing address or email address you provided, or from other public and nonpublic databases we may lawfully access.
By providing your phone number, you agree to receive non-marketing calls and text messages from GoDo or its affiliates regarding the Services or GoDo Card even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, or any state equivalent Do Not Call List. You may be contacted using an automatic telephone dialing system or an artificial or prerecorded voice.
For any phone number you provide to GoDo, you represent and warrant that you are the subscriber or primary user of that phone number. If your phone number changes, you agree to immediately notify us of your new phone number.
You expressly agree and consent to receive calls and text messages from GoDo for non-marketing purposes. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages.
If you no longer wish to receive calls or text messages from GoDo, you can revoke your consent at any time using any reasonable method that conveys your desire to stop receiving calls or text messages.
You also agree that we may record or monitor any communications for quality control and training purposes.
13. Push Notifications
By using the GoDo App or any of our Services, you also agree to receive push notifications from us. You can opt out of receiving push notifications by adjusting your device settings. You acknowledge that opting out of receiving push notifications from us may impact your use of the GoDo App and our Services.
14. Third-Party Service Providers
We work with one or more third-party service providers and partners, in connection with the Services. By using the Services, you license and authorize us and our third-party service providers to access information about you that is maintained by such third parties, on your behalf as your agent, in order to provide you with the Services and process transactions you request, and you expressly authorize such third parties to disclose this information to us.
15. Third-Party Websites
Our Website, the GoDo App, and the Services may contain links to third-party websites. These linked websites are not under our control and we are not responsible for the contents of any such website. We provide these links as a convenience to you and the inclusion of a link does not imply our endorsement or sponsorship of, or our affiliation with, the linked website.
16. Terminating your User Account
You may terminate your User Account at any time by providing us notice through the GoDo App or by emailing us at support@godolife.com. We may suspend or terminate your User Account or use of any of the Services for any reason at any time. For example, this can happen if we find out you are using the Services in a way that violates these Terms or applicable law, or if we determine that you present undue risk to us. You agree that we will not be liable to you or any third-party for any damages, costs, fees, or losses associated with the termination of your access to your User Account or the Services.
17. Intellectual Property Rights
Our Website, the GoDo App and our Services are owned and operated by GoDo unless otherwise specified under these Terms or in Additional Agreements. All content, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “GoDo Materials”) are owned exclusively by GoDo or the licensors or suppliers of GoDo and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. Nothing on this Website, the GoDo App or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the GoDo Materials without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the GoDo Materials without our written authorization. GoDo prohibits use of any of the GoDo Materials as part of a link to or from the GoDo App, the Website or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any GoDo Materials, or whether any mark or logo is considered part of the GoDo Materials, should be referred to GoDo. All rights related to the GoDo Materials are hereby reserved and you acknowledge that the GoDo Materials are and shall remain the property of GoDo. You agree that the GoDo Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written consent of GoDo. You may not modify, participate in the sale or transfer of, or create derivative works based on any GoDo Materials, in whole or in part.
18. Warranty Disclaimer
ALL SERVICES PROVIDED BY GODO ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GODO AND EACH OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES) DO NOT WARRANT THAT: (I) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH GODO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING GODO WILL MEET YOUR REQUIREMENTS. YOUR USE OF GODO IS SOLELY AT YOUR OWN RISK.
19. Indemnification, Limitation of Liability, Termination
You agree to hold harmless and indemnify GoDo and our subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your User Account or use of the Services, or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, GoDo will provide you with written notice of such claim, suit, or action.
IN NO EVENT SHALL GODO, NOR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (OR IN THE AGGREGATE) OF $1000.00.
20. Other Terms and Conditions
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These Terms and any Additional Agreements represent the entire agreement between you and GoDo. They supersede any other communications you have with us, such as by email or phone. If any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, but the rest of these Terms will stay intact. No agency, partnership, joint venture, or employment relationship is created under these Terms, and neither you nor GoDo has any authority to bind the other in any way. The paragraph headings in these Terms are for convenience only and do not affect any provision’s meaning or interpretation.
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All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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We work with some third-party companies, such as payment processors. GoDo is not responsible for any errors or damages caused by any of these third-party companies.
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These Terms are specific to the relationship between you and GoDo, so you cannot transfer any part of the Terms between you and GoDo to anyone else, or assign any part of your relationship with GoDo to another person or organization.
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We do not waive our rights by delaying or failing to exercise them at any time. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.
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All actions relating to this Agreement will be governed by the laws and regulations of the United States and the State of Delaware, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Delaware and that you will be subject to such court’s jurisdiction.
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Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Delaware law, or another agreement you have with us, provides for a shorter time. If federal or Delaware law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
21. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
21.1 Election to Arbitrate
You and GoDo agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 21 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
21.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
21.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by through the secure messaging function in the GoDo App or by emailing us at support@godolife.com. If you use the secure messaging function in the GoDo App, please choose “Claim” in the appropriate menu. If you send us your Claim by email, please begin the subject line of your email with the word “Claim.” Please do NOT include any User Account numbers in your email or through our secure messaging function. This mechanism provides us with the opportunity to resolve your concern prior to initiating arbitration.
21.4 Arbitration Procedures
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of AAA, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's website at: www.adr.org. In the case of a conflict between the rules and policies of the AAA and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of AAA apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
21.5 Arbitration Fees
If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of AAA, or in accordance with countervailing law if contrary to AAA's rules. We shall pay AAA's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless AAA's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
21.6 Appeals
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. On appeal, the arbitrator will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and AAA's rules, in the same way as the initial arbitration proceeding. Any award by the arbitrator that is not subject to appeal, and any award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
21.7 No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Except for Claims seeking public injunctive relief or unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 21.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 21.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
21.8 Survival and Severability of Arbitration Provision
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 21.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 21.7 are finally adjudicated pursuant to the last sentence of Section 21.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
21.9 Judicial Forum for Claims
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and GoDo agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and GoDo consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
21.10 WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.