PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS: THESE TERMS INCLUDE (A) A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER; AND (B) CERTAIN TERMS AND CONDITIONS WHICH APPLY WITH RESPECT TO RECURRING SUBSCRIPTION CHARGES FOR CERTAIN PAID ACCOUNT TYPES.
Effective Date: 11/22/2022
Welcome to “Reconcile,” an online service owned and operated by Reconcile Inc. (“Reconcile,” “we” and “us). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@reconcilemoney.com.
These Terms of Use (the “Terms”) are a binding contract between you and Reconcile. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Reconcile Privacy Policy at getreconcile.com/privacy_policy (“Privacy Policy”), and such other terms, rules and guidelines which may be provided in connection with your use of the Services. The Privacy Policy and such other terms, rules and guidelines, as may be updated by us from time to time in accordance with their terms, are hereby incorporated into these Terms, and you hereby agree to the collection, use and disclose practices set forth in the Privacy Policy.
Use of the Services by anyone under the age of 18 is prohibited. By using the Services, you represent and warrant that you are at least 18 years of age.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the getreconcile.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Changes will be effective: (i) thirty (30) days after we provide you notice of the changes, as described above; or (ii) when you opt-in or otherwise expressly agree to the changes or a version of these Terms incorporating those changes, whichever comes first.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Reconcile takes the privacy of its users very seriously. The Privacy Policy describes the collection, use and disclosure of data and information by us in connection with the Services. We do not knowingly collect or solicit personally identifiable information from children under 13, and, as noted above, use of the Services by anyone under the age of 18 is prohibited. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@reconcilemoney.com.
For the purposes of the California Consumer Privacy Act (“CCPA”), to the extent CCPA applies to our relationship, Reconcile shall be considered a Business and/or Third Party, as applicable. Where Reconcile acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Reconcile is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Reconcile to use any such Personal Information in connection with Reconcile’s internal operations and functions, including, but not limited to, improving Reconcile’s products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
In order to use the Services, you may be required to sign up for an account, provide personal tax information, provide authentication for Reconcile to access your brokerage and crypto accounts, and upload your brokerage statements for us to review your historical transactions. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User, a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your professional use and behalf. You will use the Service only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
During the registration process, you will be asked to enter your user credentials for your online accounts with certain third party providers (each, a “Third Party Provider”), such as your bank, credit card issuer, brokerage accounts (“User Credentials”). The credentials are used to provide us access to review financial and investment transaction information or other account information for your client's accounts with these third party providers, Snaptrade, Front, Plaid, Etherscan, etc. (each, a “Third Party Provider” and such account information your “Account Information”). You can read more about how we use and store your information in our Privacy Policy. You hereby authorize and permit us to use the User Credentials submitted by you to perform the Services on your behalfs. Your Brokerage Account is subject to a separate agreement directly between you and the applicable third-party broker-dealer or cryptocurrency exchange.
You agree that we may use your User Credentials to review Account Information and perform various Services on your behalf. For example, we may use your Account Information to identify historical investment transactions, holdings, and other financial information. You expressly authorize us to access, view and use, on your behalf as your agent, the Account Information. You grant us a limited power of attorney, and appoint us as your agent and attorney in-fact, to access, review and use your Account Information with full power and authority, but only to act for and on your behalf with Third Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING YOUR USER CREDENTIALS AND ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. You understand and agree that Reconcile is not sponsored or endorsed by any third parties accessible through the Services.
With regards to User uploaded brokerage statements, you grant us permission to store your historical investments and holdings in order to best estimate their current tax liability.
Reconcile works with one or more online service providers to access this Account Information. Reconcile does not review the Account Information for accuracy, legality or non-infringement. Reconcile is not responsible for the Account Information or products and services offered by or on third-party sites.
Reconcile cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Reconcile cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User Credentials or Account Information. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Information, and so forth (all of the foregoing, but excluding User Information, the “Content”) are protected by copyright and/or other intellectual property laws.
You understand that, as between you and Reconcile, Reconcile owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Services and the Content. You won’t modify, publish, transmit, copy, modify, publicly perform or display, transmit, edit, adapt, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services or Content except as expressly authorized in these Terms. Reconcile reserves the right to modify or discontinue the Services, Content or any version(s) thereof at any time in its sole discretion, with or without notice.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
You understand that by submitting information, documents and/or data on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Information”), you hereby grant Reconcile a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenseable and transferable license to use such User Information (including all related intellectual property rights) in connection with our provision of the Services to you. This is a license only – your ownership in User Information is not affected.
You also agree that if you provide us any feedback, ideas, concepts, or techniques, we can use the User Information containing such feedback, ideas, concepts, or techniques and anything such User Information contains for any purpose including, but not limited to, developing, manufacturing and marketing services.
Additionally, if you provides us any ideas, suggestions, comments, or other feedback (collectively, “Feedback”) regarding the Services or Content, you hereby grants to us an unrestricted, perpetual, irrevocable, non-exclusive right to use, disclose, reproduce, license, distribute, and exploit this Feedback as we see fit without obligation or restriction of any kind. We reserve all rights not expressly granted in these Terms and no licenses or other rights are granted to you by implication, estoppel, statute or otherwise.
Please note that the foregoing licenses are subject to our Privacy Policy to the extent they relate to User Information that are also your personally-identifiable or transactional information.
You are responsible for all User Information that you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Reconcile. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Reconcile is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Reconcile has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Reconcile will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Reconcile offers a one time payment if you want to connect multiple accounts to the platform. We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Payment processing for the Services is provided by such third party payment processor(s) we may utilize from time to time (“Payment Processor”). Reconcile does not collect or store your credit card information. You can find out more about our privacy practices in our Privacy Policy. By providing a credit card or other payment method accepted by Reconcile and using the Services, you represent and warrant that you are authorized to use the designated payment method. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or canceled. You must resolve any problem we or our Payment Processor encounter in order to proceed with your use of your account.
By signing up for any paid Services account and providing your payment information, you agree to pay us (and authorize our Payment Processor to charge you) the recurring and/or nonrecurring fees as displayed to you at the time you create your account and as may be modified from time to time as described in these Terms, as well as any other fees you expressly choose to incur in connection with your use of the Services. Unless otherwise specified upon enrollment, for subscription products or services, your payment method will be authorized for up to three months for the applicable Services account type. You acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your use of the Services, and represent and warrant that you have all necessary rights relating to such payment instruments to authorize Reconcile to make such charges. Your use of the Services may be suspended if we are unable to charge such a payment instrument for any reason or if your account is otherwise past due. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Reconcile from time to time, as indicated at the time of payment) and are non-refundable.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT support@reconcilemonc.om OR BY CANCELING YOUR ACCOUNT IN THE SETTINGS SECTION ON THE SERVICES. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO RECONCILE WILL STOP IMMEDIATELY AND ALL DATA ASSOCIATED WITH YOUR ACCOUNT, INCLUDING YOUR CLIENTS INFORMATION AND CHAT HISTORY, WILL BE IMMEDIATELY DELETED.
What if I want to stop using Reconcile?
You’re free to do that at any time, by contacting us at support@reconcilemoney.com, however please refer to the section above to learn how cancellation of subscriptions works; please refer to our Privacy Policy
as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Reconcile is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Reconcile has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any User Information associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
If you install or enable any online, web-based applications provided by third parties that interoperate with the Service (“Third-Party Applications”) for use with the Service, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the Service. We shall not be responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers.
Certain features of the Service may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the Platform, we may cease providing such features without notice or liability.
Current prices for your holdings are based on 15-minute delayed market data that we get from a third party service. We are not responsible for accurate reporting and may display inaccurate data. You are also unauthorized to reuse market data for your own commercial or proprietary reasons. Please refer to our provider's terms and conditions for more information.
Warranty Disclaimer.
Neither Reconcile nor its licensors or suppliers makes any representations or warranties concerning the Services, including any content contained in or accessed through the Services.. The Services are provided “AS IS” and without any warranty of any kind from Reconcile or others. THE SERVICES AND CONTENT ARE PROVIDED BY RECONCILE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO INFORMATION PROVIDED TO YOU THROUGH THE SERVICES WHICH CALCULATES OR ESTIMATES TAX LIABILITIES AND OTHER INFORMATION, YOU ACKNOWLEDGE THAT ANY INFORMATION RETURNED TO YOU IS (UNLESS OTHERWISE SPECIFIED) ONLY INTENDED AS A GENERAL ESTIMATE FOR A GROUP OF INVESTMENTS AND MAY EXCLUDE CERTAIN AMOUNTS, INCLUDING WITHOUT LIMITATION, STATE TAXES AND NET INVESTMENT INCOME (NII) TAXES. SUCH INFORMATION ALSO WILL NOT INCLUDE THE POTENTIAL EFFECTS OF CAPITAL LOSSES THAT MAY OFFSET YOUR CAPITAL GAINS. SUCH INFORMATION ALSO MAY NOT APPLY TO CAPITAL GAINS ON CERTAIN INVESTMENTS WITH SPECIAL CAPITAL GAINS TAX RULES. SEE A QUALIFIED TAX ADVISOR FOR DETAILS.
Except as may otherwise be set forth herein, Reconcile shall not be liable to User, its Vendor or any other Person for indirect, special, punitive, consequential or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if Reconcile has been advised of the possibility of such damages. b. Reconcile shall not be liable to Subscriber or any other Person for any unavailability, interruption, delay, incompleteness or inaccuracy of the Information that lasts less than four (4) continuous hours during the time that Reconcile regularly transmits the Information or if the Information is materially affected for less than four (4) continuous hours during the time that Reconcile regularly transmits the Information.
Limitation of Liability.
Reconcile does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Reconcile or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
The calculations returned are only intended as a general estimate for federal capital gain taxes using primarily a FIFO accounting method and excludes state and local taxes. The calculations may not accurately reflect your true liability, and are not intended to constitute investment advice or any other kind of professional advice. Any tax savings presented use a 15-minute delayed quote and are the result of impact to the estimated tax bill if you sold the entirety of the tax lot at the delayed market price. Market Data by Polygon.IO.
Reconcile does not provide, offer or render investment, tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment, financial, tax or legal professional. You are advised not to rely on any information contained on any Reconcile site or product in the process of making an investment or other decision.
Reconcile, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of information on the Site, including Reconcile, cannot be held liable in any way for direct, indirect, punitive, incidental, special or consequential damages arising out of or connected to the use of the Site included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Reconcile, inaccurate content, typographic or data errors, or theft. Content and information are provided as is without warranties of any kind from Reconcile. Reconcile expressly disclaim all warranties of any kind either express, implied or statutory, related to any products, services, information and content, including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, suitability or completeness of information, content, products, and services provided on or through this Site or in any other oral or written form. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided. We will not be responsible for any detrimental reliance that you may place upon the Site or its contents.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RECONCILE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING/OR DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF RECONCILE OR A RECONCILE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.
You agree to indemnify and hold Reconcile, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms, provided that the foregoing does not obligate you to the extent the claim arises out of the CompanyReconcile’s willful misconduct or gross negligence. Reconcile reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Reconcile’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration under the Arbitration Agreement below shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
This Section is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Reconcile arising out of, relating to, or resulting from these Terms, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
THIS PARAGRAPH IS THE “CLASS ACTION WAIVER.” THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions above. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Reconcile.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Reconcile may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Services users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Class Action Waiver is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Reconcile agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Reconcile, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Reconcile, and you do not have any authority of any kind to bind Reconcile in any respect whatsoever. You and Reconcile agree there are no third party beneficiaries intended under these Terms.
PLEASE NOTE THE FOLLOWING DISCLOSURES ASSOCIATED WITH VIRTUAL CURRENCIES: