Terms of Service

Last Updated: December 1, 2021

Introduction

These Terms of Use (“Terms”) form a binding contract you as a user (“you” or “your”) and Enzo Digital, Inc., d/b/a Enzo (referred to as “Enzo,” “us,” “our,” or “we”). These Terms apply to your use of (1) our website located at https://www.joinenzo.com/, and all of our other websites to which these Terms (collectively, the “Site”); (2) our mobile application(s) to which this Privacy Policy is posted (collectively, the “App”); and (3) any services, content, communications, and product features relating to the Site and App (together with the Site and the App, the “Services”).

By accessing, downloading or using any of the Services, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Services and uninstall the App.

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 17 BELOW BEFORE DOWNLOADING OR USING THE APP OR OUR SERVICES.

The Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including parties with which we partner (collectively “Third-Party Services”) for your convenience. We are not and cannot be responsible for the content, operation or use of the Third-Party Services. Your use of Third-Party Services is subject to the privacy practices and terms of use established for the Third-Party Services, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third-Party Services, which you use at your own risk.

NO FINANCIAL OR INVESTMENT ADVICE: The Site is for informational purposes only, you should not construe any information on the Site or provided through the Services as legal, tax, investment, financial, or other advice. Nothing in the Site or Services constitutes professional and/or financial advice, nor does any information on the Site or Services constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Enzo is not a fiduciary by virtue of any person’s use of or access to the Site or Services. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Services or any Third-Party Services (as defined above) before making any decisions based on such information or other content. In exchange for using the Site and Services, you agree not to hold Enzo, its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information made available to you through the Site, Services or any Third-Party Services.

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1. Other Policies & Agreements

The “Terms” includes this Terms of Use agreement and our Privacy Policy and other terms or agreements that will be displayed to you at the time you first register or use certain features or Services, as may be amended by us from time to time.

The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail.

The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms, and for addressing any claims relating to 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, privacy, or similar legislation, including in connection with the App. The relevant App Store, and that App Store’s subsidiaries, are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

In addition, certain of our Services are provided by our financial institutions providers (“Banking Providers”). You may be required to agree to agreements and terms and conditions of those Banking Providers as a condition to using those Services.

2. Changes

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the App and Services after such Modifications are posted, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use and uninstall the App and cease using the Services.

You understand and agree that we may change or discontinue the App or Services, or change or remove functionality of the App or Services any time at our sole discretion. Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services. YOU AGREE THAT WE CAN SEND UPDATES TO THE APP DIRECTLY TO YOUR MOBILE DEVICE.

3. Eligibility & Registration

To be eligible to use the App and Services, you must be at least 18 years of age or the legal age of majority in your jurisdiction, and a resident in the United States and not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

You agree to provide complete and accurate information when registering to use the App and registering to become a member to use our Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not.

You represent that:

You own all rights in and to any content provided by you (“User Content”), including any information, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;

You will fully comply with all applicable laws and agreements which govern your use of the Services; and

You will not use the Services in violation of any banking or anti-money laundering law or for any fraudulent or illegal activity.

4. Privacy Device & Geolocation

Any personal information that you provide through the App and Services will be processed and shared in accordance with our Privacy Policy. Please note that we share you information with our Banking Providers to enable them to provide the Services. Please also note that we may collect information regarding your computer or mobile device (“Device”), such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. We may also collect precise geolocation data from or about your Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.

5. Equipment, Mobile Device & Carrier Requirements

You are responsible at your sole cost for all equipment, data and Internet access necessary to use and access the App and Services. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.

6. Notifications

You acknowledge that we may need to notify users of the App about the App or Services through the use of push notifications; we may also send users push notifications with offers and promotions about our products and services, and Third-Party Services. By agreeing to these Terms, you consent to receiving such push notifications to the extent consent is required by applicable law. You can opt-out of marketing push notifications, but not transaction or administrative-related notifications relating to the Services, your account or the App. Please note that opting out of receiving push notifications may impact your use of the Services.

7. App License

Provided you are in compliance with these Terms, Enzo hereby grants you a non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use and only on an approved Apple or Android Device as permitted by the applicable App Store Terms and in accordance with these Terms (“User License”). All other rights in the App are reserved by Enzo. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.

8. Fees & Payment

Payments: You agree to pay the specified membership fees in order to use the Services and authorize us to charge funds in you your account, credit card or other payment mechanism that we may permit to make payments. You may be charged additional fees by us or our Banking Provider to make certain transactions through your account for other Services. Please see our FAQs for more detail on membership or account fees and charges. To the extent you access our Services through a mobile or tablet device, your wireless service carrier’s charges, data rates, and other fees may apply.

9. Intellectual Property

“Enzo” and associated logos (“Enzo Trademarks”) are the trademarks of Enzo Digital, Inc. The Services and App and any content on the Services or App (“Content”) are owned by Enzo Digital, Inc. or its licensors as applicable. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third-Party Trademarks”). The Enzo Trademarks, Services, Content and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Enzo or the applicable trademark holder. The Services and the Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Enzo and its licensors.

10. Restrictions

You agree not to (i) reproduce, distribute, display, perform the App, Services or any of the Content except for the limited right to access and view the App, Services and Content on your Device for your own personal purposes in accordance with these Terms; (ii) modify, adapt or translate the App, Services or Content, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, Services or Content; (iii) modify, translate or prepare derivative works of the App, Services or Content, or any portion thereof; (iv) make any commercial use of the App, Services or Content; or (v) rent, lease, distribute or lend the App, Services or Content to third parties.

You further agree not to:

Publish and/or make any use of the App, Services or Content on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services or Content (or any part thereof);

Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;

Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Enzo Trademarks and/or variations and misspellings thereof;

Impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;

Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, or any statement you make;

Reverse look-up, trace, or seek to trace another user of the Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent;

Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services or the account of another user or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;

Probe, scan, or test the vulnerability of the Services or any network connected to the Services;

Upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or

Use any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

11. User Content

The Services may contain features that allow you to post or provide comments, photos, videos or other User Content. You retain the right to your User Content. However, you grant to Enzo the worldwide, perpetual, irrevocable, fully transferable, fully-paid up and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.

12. Prohibited Uses

You agree not to use the App or Services in any way, provide User Content or engage in any conduct that:

Is unlawful, illegal or unauthorized;

Is defamatory of any other person;

Is obscene, sexually explicit or offensive;

Advertises or promotes any other product or business;

Is likely to harass, upset, embarrass, alarm or annoy any other person;

Is likely to disrupt our Services in any way;

Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or

Advocates, promotes or assists any violence or any unlawful act.

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation Section 12. In addition, we reserve the right at our sole discretion to terminate any user’s access to the App and Services if they violate this Section 12 or any other provision of these Terms.

13. Indemnification

You agree to defend, indemnify, and hold harmless Enzo, and its parent company, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorney’s fees) arising from your use of the Services, User Content or breach of these Terms or any representation and warranty contained herein. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.

14. Disclaimer of Warranties

We provide the Services and Content on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Enzo does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. To the fullest extent permitted by applicable law, Enzo hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App or Services are of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App or Services by you is in compliance with laws or that any information that you transmit in connection with the App or Services will be successfully, accurately or securely transmitted.

15. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENZO NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO (1) THE APP OR SERVICES, AND/OR ANY THIRD-PARTY SERVICES; (2), MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (3) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR ANY OTHER INFORMATION STORED THEREIN; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (6) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; OR (7) EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, PANDEMICS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP OR SERVICES IS TO STOP USING THE APP OR SERVICES, AS APPLICABLE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the App or Services exceed $100.

16. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of City and County of San Francisco, California with regard to any dispute arising out of or relating to these Terms or the Services.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the App or Services exceed $100.

17. Dispute Resolution Provision

We want to address your concerns without needing a formal legal case. Before filing a claim against Enzo, you agree to try to resolve the dispute informally by contacting hello@joinenzo.com. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Enzo may bring a formal proceeding.

You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Services will be determined by mandatory binding individual (not class) arbitration. You and Enzo further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this dispute resolution provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This dispute resolution provision will survive termination of these Terms.

You and Enzo both agree that nothing in this dispute resolution provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, including to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. In addition, this provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

NO CLASS ACTIONS: YOU MAY ONLY RESOLVE DISPUTES OR CLAIMS WITH ENZO ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. Unless both you and Enzo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Either you or we may start arbitration proceedings. Any arbitration between you and Enzo will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Enzo agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

Any arbitration hearings will take place in either the City of San Francisco or the U.S. county of your residence address (if you do not live in the U.S., then the location will be San Francisco), provided that if the claim is for US $25,000 or less, you or Enzo may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in San Francisco or the county of your billing address.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Enzo will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Enzo will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If this dispute resolution provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any claim in court arising out of or related to the Agreement.

18. Termination

These Terms are effective unless and until terminated by either you or Enzo. You may terminate these Terms at any time, provided that you discontinue any further use of the App and associated Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the App and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the App. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Services.

If your account or any Services or Third-Party Services related to your account are cancelled, such cancellation may cause or result in the loss of certain content, features, or capacity of your account, including any User Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (collectively, “Capacity Loss”). We shall have no liability or responsibility for any Capacity Loss.

Sections 8 through 23 and any claim for breach of these Terms shall survive termination of these Terms.

19. Intellectual Property Claims

We respect the intellectual property rights of others and require that users of our App and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are sent to 140 Broadway, 38th Floor, New York, NY, 10012.

To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;

Identify the copyrighted work or other intellectual property alleged to have been infringed;

Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;

Contain a statement that the information in the written notice is accurate; andContain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.


20. Submitting a DMCA Counter-Notification


We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the App and Services who is the subject of repeated DMCA or other infringement notifications.

21. Times Period for Claim


You agree that you must commence any arbitration or legal action relating to any claim arising out of the Services or these Terms within one (1) year after such claim arose, or such claim will be forever barred.

22. Notice


We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site, Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

23. General


These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Enzo with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Enzo as provided herein or otherwise by written instrument signed by Enzo. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Enzo’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Enzo may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

24. Contact Us


If you have any questions regarding our App or Services, you can email us at hello@joinenzo.com.

Cashback Terms of Service

Last Updated: June 1, 2022

Introduction

Please read these Enzo Cash Back Terms & Conditions (the “Terms”) carefully and retain them for your future reference. These Terms contain the general terms, conditions and disclosures related to the cashback program (the “Program”) made available by Enzo Digital Inc. (“Enzo”), to users that have an Enzo Deposit Account (the “Account”) and Enzo VISA debit card (the “Card”) provided by Blue Ridge Bank, N.A..

When you see the words “we,” “us,” or “our” in these Terms, it refers to Enzo and any of Enzo’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the person who elects to earn cashback on Rent or Mortgage Payments and/or Qualifying Purchases by enrolling in the Program, who is responsible for complying with these Terms, as well as your personal representatives, executors, administrators, and successors.

By enrolling in the Program, you agree to be bound by these Terms as well as any other agreement or document we may provide to you from time to time in connection with the Program.

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 16 OF THESE TERMS.

1. Program Overview


These Terms describe how the Program works and are an agreement between you and Enzo. By participating in the Program, you agree to be bound by these Terms, the terms of service for the App available at: https://www.joinenzo.com/terms-of-service , and the Privacy Policy, each of which is a legally binding contract between you and Enzo regarding your participation in the Program and is incorporated by reference herein. Interpretation of these Terms and any other Program Rules shall be at our sole discretion. Your participation in the Program is expressly conditioned upon your compliance with these Terms and with all present and future Program Rules, terms, regulations, policies and procedures that Enzo may, in its discretion, adopt from time to time. The Program is void where prohibited by law. You agree that use of your Account or any feature of the Program indicates your acceptance of these Terms.

2. Definitions


In these Terms, the following words have the special meanings below:

  • “Account” means your Enzo Deposit Account;
  • “App” means the Enzo application that may be used with the Card and the Program, which can be downloaded from the Apple App Store or Google Play;
  • “Authorized User” means anyone legally authorized by you to use your Account;
  • “Bank” means Blue Ridge Bank, N.A., member of the Federal Deposit Insurance Corporation and the Bank partner of the Card and the Enzo Deposit Account;
  • “Card,” means the Enzo VISA Debit Card that is associated with your Account;
  • “Cardholder” means any Account holder who successfully applies for the Card;
  • “Core Vendors” means Paypal, the Container Store, Doordash, Grubhub, Lyft, the Real Real, Restoration Hardware, Revolve, Seamless, Zara, Lululemon, Equinox, and Uber. 
  • “Deposit Account” means your Enzo Deposit Account provided by Blue Ridge Bank, N.A.
  • “Mortgage Payment” means the regular payment made on a loan used to purchase or maintain real property or land as identified by you in your Deposit Account. 
  • “Premium Cashback” means enhanced cashback rates available within the calendar month if you (i) keep an average balance of two thousand dollars ($2,000) or greater in your Deposit Account or (ii) receive total deposits of one thousand five hundred dollars ($1,500) or more in your Deposit Account via one or more Qualifying Direct Deposits.


  • “Privacy Policy” means the Enzo Privacy Policy at: https://www.joinenzo.com/privacy-policy as amended from time to time. 
  • “Program Rules” means the Program Terms, along with any other rules, terms, regulations our, policies and procedures that Enzo may issue in writing conjunction with the Program, which shall, in Enzo’s discretion, be incorporated by reference herein;
  • “Qualifying Direct Deposits” means recurring Automated Clearing House (ACH) credits, which may include payroll, pension, or government payments (such as Social Security) by your employer or by an outside agency.
  • “Qualifying Purchases” is defined in the section 6 of these Terms, titled “How you can earn cashback;”
  • “Rent” means the regular payment made to a landlord for the use of real property or land as identified by you in your Deposit Account. 
  • “Website” means the Enzo Website, at https://www.joinenzo.com/

3. Eligibility

The Program is available to United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands 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. The Program is only available to individuals for personal, family or household purposes and may not be used by a business in any form or used for business purposes. To Qualify for Premium Cashback within the calendar month you must keep an average balance of two thousand dollars ($2,000) or greater in your Deposit Account or (ii) receive total deposits of one thousand five hundred dollars ($1,500) or more in your Deposit Account via one or more Qualifying Direct Deposits. Any Deposit Account features that enable you to receive direct deposits (including Qualifying Direct Deposits) are contingent upon and subject to the payor’s support of such features. We reserve the right to determine in our sole discretion whether a credit qualifies as a Qualifying Direct Deposit, and we may require documentation for verification purposes.


We may decline to provide access to the Program for any reason at our sole discretion. We are not liable for any damages or liabilities resulting from refusal of a Program relationship.

4. Changes to These Terms


We may make changes to the Program and the Terms at any time and at our sole discretion. We will provide advance notice to you of a change in terms where required by law.

5. Authorization to Access Account and Card Data on Your Behalf


By enrolling in the Program and agreeing to these Terms, you expressly authorize us to act on your behalf as your agent and representative to access your consumer financial information in your Account and Card pursuant to Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Through this authorization, we will collect information about your financial transactions on your Account and your Card for the purpose of facilitating the Program and your participation in it.  Your consumer financial information will be collected, maintained, stored, and shared in accordance with our Privacy Policy, available at https://www.joinenzo.com/privacy-policy

6. How You Can Earn Cashback


You’ll earn cashback when you, or an Authorized User:

  • pay Rent or a Mortgage Payment via an ACH transaction from your Account through the App, minus any refunds, or
  • use the Card to make eligible purchases of products and services, minus any returns or refunds (“Qualifying Purchases”). 

Qualifying Purchases are defined to be all Card transactions except: 

  • balance transfers;
  • cash advances;
  • purchase of travelers’ checks, foreign currency, money orders, wire transfers or similar cash-like transactions;
  • purchase of lottery tickets, casino gaming chips, racetrack wagers or similar betting transactions;
  • writing or cashing checks;
  • interest;
  • payment of income, property, automobile or any other taxes other than sales tax included as part of a transaction;
  • unauthorized or fraudulent charges;
  • fees of any kind, including an annual fee, if applicable; and
  • purchases made prior to signing up for the Program.

Discounts, gift cards, offers, promotions, coupons or any other rewards received through this Program or otherwise are not eligible for earning cashback.

Transactions not involving your Card made through your Account, other than Rent and Mortgage Payments, are not eligible for cashback. 

‍You can only earn cashback on one (1) Rent or one (1) Mortgage Payment per month. If you pay both Rent and a Mortgage Payment in the same month, you may identify which payment will earn cashback. If you do not identify which payment will earn cashback or if you identify both payments to receive cashback, we will determine in our sole discretion which one (1) payment will earn cashback. 

For each Qualifying Purchase, Mortgage Payment or Rent payment, you will receive a predetermined amount of cashback based on a percentage of the transaction amount. 

‍The maximum total cashback you can earn in a calendar year is two thousand five hundred dollars ($2500). Once you have earned two thousand five hundred dollars ($2500) of cashback, no additional cashback will be payable on any transaction. 

For the first twenty dollars ($20) per calendar month and one hundred fifty dollars ($150) per calendar year, you will earn cashback as follows:

Vendor or Purchase Type
Percentable of Cashback Payable
Percentable of Premium Cashback Payable if you qualify
Uber
1%
10%
DoorDash
1%
5%
Rent or Mortgage Payment
0.25%
2%
Everything Else
0.25%
1%

Once these limits have been reached, Premium Cashback will no longer be payable and any additional Qualifying Purchases regardless of type or vendor will earn cashback as follows:

Vendor or Purchase Type
Percentable of Cashback Payable
Uber
1%
DoorDash
1%
Other Core Vendors
1%
Rent or Mortgage Payment
0%
Everything Else
0.25%

Rent or Mortgage Payments are not eligible for cashback after the limits have been reached. Cashback is only earned on the amount spent on Qualifying Purchases, Mortgage Payments or Rent. If cashback is issued for a Qualifying Purchase, Mortgage Payment or Rent that is later returned or refunded, or the transaction is otherwise voided, the corresponding amount of cash will be automatically deducted from your Account.

7. Ways to Earn Bonus Cashback


We may offer you ways to earn bonus cashback (“Bonus Cashback”) through the Program or with third-party partners, such as special promotional offers (“Offers”). You’ll find out more about the amount of cashback you can earn and any other terms at the time of the Offer. The additional terms for those Offers are incorporated by reference as part of these Terms. Taking advantage of Offers is optional and such Offers may be subject to unique additional terms and conditions that are not subject to Enzo’s control. Enzo is not liable for the actions of any third parties; it is your responsibility to read carefully and comply with any terms and conditions imposed in connection with any Offer. Cashback will be posted to your Account within five (5) business days following the end of the calendar month, based on the Qualifying Purchases made with your Card or Mortgage Payments or Rent paid with your Deposit Account, plus any Bonus Cashback earned, but minus any returns or refunds for the preceding month. If you have returns or refunds more than cashback earned from Qualifying Purchases, Mortgage Payments or Rent payments, or Offers, then the associated cashback will be deducted from your Account and may result in a negative balance.

8. Caution and Warning


Enzo reserves the right to reject, revoke, cancel, terminate, or suspend any benefit and/or ability to participate in the Program, or take any other action under the law at its discretion, at any time with immediate effect and without written notice or liability to you, if Enzo, in its sole discretion, believes: (a) you have (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program; or (b) Enzo’s provision of the Program and/or any associated benefits to you may violate any applicable laws to which Enzo is subject from time to time.

Any attempt to deliberately damage or undermine the legitimate operation of the Program or the App may be a violation of criminal and civil laws. Should such an attempt be made, Enzo reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any Program Rules, or any misrepresentation by you may subject you to cancellation of your ability to participate in the Program and will affect eligibility for future participation in the Program. Enzo reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event you defraud or abuse the Program, fail to follow any terms of the Program, or make any misrepresentations to Enzo.

9. Termination/Cancellation


The Program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to designate a Program termination date. We may, in our sole discretion, terminate the Program, in whole or in part, at any time, with thirty (30) days’ notice, which may result in the cancellation of all benefits and privileges associated with the Program and forfeiting of any cashback earned but not credited in advance of any such termination date. If you wish to cancel your participation in the Program, you may contact our customer service team at hello@joinenzo.com

10. Other Important Information You Should Know


Notwithstanding the foregoing, Enzo’s failure to exercise any of its rights under the Program Rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights.

Events beyond Enzo’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow Enzo to suspend or terminate the Program.

All dollar amounts referred to in these Terms are in U.S. dollars (USD).

Enzo may assign our rights and obligations under these Terms to a third party, who will then be entitled to any of our rights that we assign to them.

We’re not responsible for any disputes you may have with any Authorized Users about the Program.

You agree to indemnify and hold Enzo and its third party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an Authorized User’s: use of the Program, any fraud or misuse of the Program, violation of these Terms, the Program Rules and/or violation of any applicable law or the rights of any third party.

Any merchants and third party service providers that participate in the Program are not affiliated with us and are not sponsors or co-sponsors of the Program. All participating merchant and third party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third party service providers are subject to change without notice.

Credit Reporting Services - Enzo may report Mortgage Payments or Rent payments made by you to a credit reporting agency (a “CRA”), or a third party that reports such Mortgage Payments and Rent payments to a CRA which in part is designed to assist parties in establishing a credit history and/or a credit score. Once payments have been reported by Enzo to a CRA or third party, the reporting of those payments cannot be modified, amended or cancelled. You may dispute an entry on your credit report derived from information provided by Enzo to a CRA by notifying Enzo by email at hello@joinenzo.com.

Any participating merchants and third party service providers are responsible for the quality and performance of any products or services they provide. Enzo is not responsible for any aspects of the products and services provided by participating merchants or third party service providers.

The Program is void where prohibited by federal, state, or local law.

These Terms and use of the Program is governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use the Program.

11. Communications


We may send communications about the Program and marketing messages to you at any mailing or email address or phone number in our records or through our online services, such as SMS or the App.

By providing your phone number and enrolling in the Program, you are providing Enzo or our agents your signature expressly consenting to receive marketing messages, SMS, and texts, including by automated means, at the number provided, even if the number is on a corporate, state, or national Do Not Call list. You acknowledge and agree that you are not required to agree as a condition of any purchase or service, and you represent that you are at least 18 years old. To opt-out of marketing messages, please contact our Customer Service team at hello@joinenzo.com.

Let us know right away about any changes to your contact information in the App.

You agree that Enzo and its third party service providers may listen to and record telephone calls as part of providing Program services.

12. LIMITATION OF LIABILITY AND RELEASE


BY ENROLLING IN THE PROGRAM, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS ; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ENZO, ITS PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE PROGRAM AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE PROGRAM AND/OR THE APP, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR ANY OFFER OR BENEFIT, (II) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THE PROGRAM RULES OR ANY PROGRAM MATERIALS, AND ERRORS IN THE CREDITING OR DEBITING OF CASHBACK FROM YOUR ACCOUNT, (III) ANY CHANGE IN ANY BENEFIT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND ENZO’S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE PROGRAM OR ANY COMPONENT THEREOF, (V) HUMAN ERROR, (VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE APP, ANY COMPUTER SYSTEM, POS, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU, (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY, (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, CASHBACK, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF), (IX) THEFT OR UNAUTHORIZED REDEMPTION OF CASHBACK, OFFERS, DISCOUNTS, OR OTHER BENEFIT, AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT.

THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY BENEFIT. BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY CASHBACK, OFFER, REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS/EPIDEMICS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.

THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR ACCOUNT OF CASHBACK IN AN AMOUNT NO GREATER THAN THE AMOUNT OF CASHBACK AT ISSUE.

THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. DISCLAIMER OF ALL WARRANTIES


WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, APP AND ALL CASHBACK, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, 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.

NEITHER ENZO NOR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY YOU AGAINST ENZO. YOUR USE OF THE PROGRAM IS SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.

14. Severability


The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from these Terms in such a manner as to enable the remaining portions of these Terms to remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms. It is expressly understood and agreed between you and Enzo that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

15. Privacy


For an explanation of Enzo’s practices and polices relating to the collection, use, and storage of your personal information, please refer to Enzo’s Privacy Policy available at: https://www.joinenzo.com/privacy-policy. Enzo, its agents, affiliates, subsidiaries, representatives or service providers may use your personal information for purposes of providing cashback and/or for future marketing, such as to notify you of a product or promotion that may be of interest.

16. 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. 


16.1 Election to Arbitrate

You and Enzo agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 16 (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 these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms. 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.

16.2 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.

16.3 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 email at hello@joinenzo.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.

16.4 Arbitration Procedures

The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, 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 web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1 (800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator 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 the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

16.5 Arbitration Fees

If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator'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 the administrator'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.

16.6 Appeals

Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel 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 the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel 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.

16.7 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. 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 16.7, 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 16.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.

16.8 Survival and Severability of Arbitration Provision

This Arbitration Provision shall survive the termination of these Terms. If any portion of this Arbitration Provision other than Section 16.7 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 16.7 are finally adjudicated pursuant to the last sentence of Section 16.7 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.

16.9 Judicial Forum for Claims

Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you Enzo agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and Enzo consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

16.10 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 WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

Enzo Check Services Addendum

Last Updated: November 19, 2021

This Addendum governs use of the Check Services, as defined below. Capitalized terms not otherwise defined herein have the meaning assigned to them under the Enzo Terms of Use found at: https://www.joinenzo.com/policies.

1. Terms of Use


Use of the Check Services is subject to all terms and conditions of this Check Services Addendum, the Enzo Terms of Use, the Enzo Privacy Policy found at https://www.joinenzo.com/privacy-policy, and the Checkbook Terms of Use, as defined below. If you choose to conduct transactions using digital and/or paper checks or ACH payments (together the ”Check Services”) we will allow you to connect to Checkbook Inc. (“Checkbook”) through the Enzo App. Checkbook is an independent third party payments platform and not an affiliate or agent of Enzo. Checkbook is the provider of the Check Services and the Check Services are services of Checkbook. The relationship between you and Checkbook, if any, will be governed by the Checkbook Terms of Use, as defined below and any agreement executed between you and Checkbook. You hereby acknowledge and agree that the terms and conditions including fees payable of the Check Services  offered by Checkbook to you are as set out in the  terms of use found at: https://checkbook.io/company/terms-individual/ (the "Checkbook Terms of Use"). You hereby understand and acknowledge that Enzo is unable to revise, amend, or terminate the Checkbook Terms of Use.

2. Consent for Information Disclosure


You understand and agree that in order to be able to use the Check Services, Enzo will be required to disclose your confidential information to Checkbook and you hereby agree to any such disclosure. 

3. Suitability


Checkbook has the sole discretion to determine your suitability for use of the Check Services, and Checkbook is under no obligation to take you on as a customer or continue to provide the Check Services to you. Checkbook retains full discretion to refuse to provide any Check Services at any time. Reasons for refusal may include, but are not limited to, an inability to match your registration information with your bank account details, incorrect recipient details, an insufficient deposit amount, where on-boarding you as a customer or performing the Check Services may cause either Checkbook or any of Checkbook’s affiliates to breach applicable law, Checkbook has reason to believe that you are engaged in fraud, money laundering, terrorist financing, and/or where Checkbook has reason to believe that you may cause Checkbook to breach Checkbook’s internal risk policy.

4. Release of Liability


In consideration for being introduced to Checkbook, you release from liability and waive your right to sue Enzo, its affiliates, employees, officers, and agents (collectively “Enzo”) from any and all claims, including but not limited claims of negligence, errors, unauthorized or incorrectly executed Check Services resulting in any economic loss you may suffer or which may result from your use of the Check Services or any events incidental to your use of the Check Services.

5. Express Assumption of Risk


You understand that there are risks associated with your use of the Check Services such as economic loss. This loss may arise from your or other’s actions, inactions, errors or negligence. You assume all risks of your use of the Check Services, whether known or unknown to you or any events incidental to your use of the Check Services.

6. Indemnity


You agree to indemnify and hold Enzo harmless from any and all claims, loss or damage including attorney’s fees, as a result of your use of the Check Services, or any events incidental to your use of the Check Services. 

7. Permissible Uses


You may not use and agree not to use the Check Services in connection with: 

Adult content, bail bonds, bankruptcy lawyers, check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant, credit counseling or credit repair agencies, credit protection or identity theft protection services, counterfeit or possibly counterfeit goods, debt collection, consolidation, or reduction services, distressed property sales and marketing, door to door sales, drugs, alcohol, or drug paraphernalia, or items that may represent them, factoring, liquidators, bailiffs, bail bondsmen, financial services such as cash advances, prepaid cards, wire transfers, or sales of money orders or foreign currency, gambling or betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling- related internet sites and wagers at races, hate, violence, racial intolerance, or the financial exploitation of a crime, internet pharmacies or pharmacy referral sites, multi-level marketing businesses, pyramid or ponzi schemes, medical marijuana, obscene or pornographic items, prostitution, escort services, massage parlors and other explicit sexually related services, unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same, violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same, weapons, including replicas and/or ammunition. 

Enzo reserves the right to update this Section 7 from time to time and shall provide you with written notice of any changes to this Section 7. 

8. Independent Contractor


Enzo is an independent contractor of Checkbook and all of its activities are being performed on its own account. You hereby acknowledge and agree that neither Enzo nor Checkbook shall have any liability or responsibility for the actions of the other.