AUGUST 8, 2016
3. ACH Transaction Rules
(a) Provisional Payment. Credit given by us to you with respect to an automated clearing house credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
(b) Notice of Receipt of Entry. Under the operating rules of the National Automated Clearing House Association (NACHA), which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, processing information and statement information may be available via b spot’s payment processing vendor for ACH transactions. Please contact b spot player services (See Section 6 below) for further information.
(c) Choice of Law. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of California, unless it has otherwise specified in a separate agreement that the law of some other state shall govern.
4. Returned Items
(a) Collection of Unpaid Amounts. If any ACH deposit initiated by you via your bank account is returned as unpaid, you authorize b spot and/or our ACH payment processing vendor to collect from your personal checking account the amount of the unpaid item, the applicable Returned Item Fee (defined below) in your state, and any applicable costs, EFT(s) or draft(s) drawn. If b spot and/or our ACH payment processing vendor are unable to collect from your personal checking account the amount of the unpaid item, the applicable Returned Item Fee (defined below) in your state, and any applicable costs, you authorize b spot (or b spot’s payment processing vendor for ACH transactions) to collect all such amounts from other forms of payment you have previously used to make deposits into your b spot account.
(b) Return Item Fees. If any ACH deposit initiated by you via your bank account is returned as unpaid, you agree that b spot (or b spot’s ACH payment processing vendor) reserves the right to collect from your personal checking account: (i) a returned item fee applicable in the state in which you reside (the “Returned Item Fee”); and (ii) any applicable costs.
(c) You understand and agree that b spot reserves the right to suspend your b spot account until such time as you have paid: (i) all amounts owed in connection with ACH deposits initiated by you; and (ii) all Returned Item Fees imposed by b spot or b spot’s payment processing vendor for ACH transactions.
5. Your Liability for Fraud or Unauthorized Use. You are solely responsible for any fraudulent or unauthorized transactions resulted from use of your personal checking account in connection with your b spot account. You agree that you will not share with any third party or person (except b spot) your b spot username, password, security information, account number, or security question/answer. You should notify us immediately if the security information associated with your b spot account has been lost or stolen or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission.
6. Player Services. You may contact b spot player services if you have questions regarding deposits to your b spot account via your personal checking account. The b spot player services phone number is posted in the “contact us” section on the Website. You may also contact us via email at firstname.lastname@example.org.
7. Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and b spot on this Website or at the primary e-mail address associated with your b spot account. You should print and retain a copy of all such disclosures and communications.
8. Limitation of Warranties. B SPOT PROVIDES THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. B SPOT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
(b) IN NO EVENT SHALL B SPOT (OR B SPOT’S PAYMENT PROCESSING VENDOR FOR ACH TRANSACTIONS) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, EVEN IF B SPOT OR ITS PAYMENT PROCESSING VENDOR FOR ACH TRANSACTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
13. General Provisions
(g) Force Majeure. You shall not hold b spot liable in the event that any transaction attempted via this Website cannot be completed or is interrupted by reasons beyond b spot’s control, including without limitation: (i) acts of God; (ii) failures of the telecommunications or utilities systems; (iii) failures of the ACH network; (iv) failures of the original depository financial institution; or (v) acts of war or terrorism.