Terms and Conditions

Secure Transactional Systems LLC, doing business as AnythingGoes.app, a Delaware Limited Liability Company, ("AnythingGoes.app" or “ANYTHINGGOES.APP” or “we” or “us”) is an online provider of third party financial transaction services.

You must read and understand these General AnythingGoes.app Terms and Conditions ("Terms") with the associated definitions below defined in Section 2, herein incorporated by reference. These Terms modify all previous General Terms and Conditions and are effective as of August 10, 2023 (“Effective Date”) for all online transactions (“Online Transactions”) agreed to and entered by both User and User on or after the Effective Date. For Online Transactions entered prior to the Effective Date and still open, the Terms in existence at the time the Online Transaction was entered remain in effect.

You need to understand that the AnythingGoes.app is NOT a bank NOR an escrow service NOR a financial transaction service (“FinTech”). The AnythingGoes.app uses at least one third-party financial technology partner for all its financial services, including any Online Transaction and any transaction service. Also, it is important for you to understand that since the AnythingGoes.app uses a third party FinTech service, the AnythingGoes.app does NOT physically hold any monies from any transactions between any parties.

These Terms are applicable as of the Effective Date and are subject to potential modifications. If any changes occur, we will post an updated version on the Site. Prior to initiating a new Online Transaction, it is advisable to review the latest edition of this document on the AnythingGoes.app website.

These Terms apply to each “Underlying Party,” and collectively “Parties” or (“Underlying Parties”) involved in any Online Transaction in connection with the Online Transaction services. References to “You” and “Your” in the terms apply to you or the organization you represent in connection with an Underlying Transaction (as defined below) as each “Underlying Party,” as the context requires. In addition to these Terms, You are also subject to certain other terms, conditions, and agreements (collectively, the “AnythingGoes.app Terms of Service”), including:

  • AnythingGoes.app Site Terms of Use, available at https://www.AnythingGoes.app/terms-of-use

  • Privacy Policy, available at https://www.AnythingGoes.app/privacy-policy

The Underlying Parties engage the AnythingGoes.app to act as Online Transaction instructions facilitator under these Terms and further agree to the entirety of the AnythingGoes.app Terms of Service.

1. AGREEMENT TO CONDUCT ONLINE TRANSACTIONS BY ELECTRONIC MEANS WITH A THIRD-PARTY FINANCIAL TECHNOLOGY PARTNER. BY REGISTERING FOR AND PARTICIPATING IN THE SERVICES (AS DEFINED BELOW), THE UNDERLYING PARTIES AGREE WITH ANYTHINGGOES.APP TO CONDUCT THE ONLINE TRANSACTION USING A THIRD-PARTY FINANCIAL TECHNOLOGY PARTNER (AS DEFINED BELOW) BY ELECTRONIC MEANS IN ACCORDANCE WITH DELAWARE LAW.

2. Definitions and Interpretation.

  1. Within the AnythingGoes.app Terms of Service, the subsequent explanations and interpretations provided below shall apply:

“User” means one of the underlying parties (“Underlying Parties”) using the Site in connection with an actual or proposed underlying transaction (“Underlying Transaction”).  

“Parties” means AnythingGoes.app and the Underlying Transaction Parties.  

“Underlying Transaction Parties” and “Underlying Parties” means the two or more parties to the transaction to be held in an AnythingGoes.app holding account.  

“Underlying Transaction“ means the underlying transaction between or among Underlying Transaction Parties for which the Underlying Parties engage AnythingGoes.app for the provision of Online Transaction services.  

“Online Transaction“ means the portion of a transaction involving any online transaction services provided by AnythingGoes.app, which may include the holding and release of holding account deposited funds in accordance with the Online Transaction instructions and these Terms.  

“Online Transaction Instructions” means the entire set of instructions, terms, conditions, and details governing an Online Transaction, comprised of: (i) the General Online Transaction instructions, applicable to all Online Transactions;  the Online Transaction instructions, agreed to by the Underlying Parties when arranging an Underlying Transaction; and (iii) any Supplemental Online Transaction instructions subsequently agreed to by the Parties.  

“Online Transaction Services” means the transaction management and Online Transaction services provided by AnythingGoes.app, including the holding of holding account deposited funds.  All communications relating to an Underlying Online Transaction shall be in English and only enforceable when in writing and agreed to in writing by the Underlying Parties.

A “Holding Account“ means an AnythingGoes.app account of each Underlying Party, to which payments will be credited and from which payments will be debited.  

“Holding Account Property” means nothing other than funds will be accepted for deposit into the holding account, no object, tangible or not, no real property, and no living creature can be offered within a transaction agreement.  

“Earned Interest” means the transaction parties agree that any and all interest earned on deposited funds in User holding accounts shall be owned entirely by AnythingGoes.app and the transaction parties cannot make any claim against said interest earned.  

“Financial Technology” and “FinTech” means a third party financial technology or FinTech service.

“Applicable Law” refers to all laws, regulations, payment network rules, and automated clearinghouse rules applicable to the services provided under the AnythingGoes.app Terms of Service, as well as all orders, judgments, or written directives of any court or governmental entity with authority over the Parties, services, or transactions subject to the AnythingGoes.app Terms of Service.  Arbitration may be used to settle unresolved disagreements.  

A “Business Day” means Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., other than legal holidays according to the Pacific Time Zone will be observed by AnythingGoes.app.  Prohibited Transaction means any transaction or attempted transaction described in Section 5 of these Terms below.  

“Site” means AnythingGoes.app’s website at www.AnythingGoes.app.


3. 
Overview of the Online Transaction service. The AnythingGoes.app is NOT a bank NOR an online transaction service NOR a FinTech service.  The AnythingGoes.app uses a third-party financial technology partner for all its financial services, including its online transaction services. The AnythingGoes.app may, from time to time, use one or several financial technology (“Fintech”) partners company for the banking and funds holding requirements. The AnythingGoes.app uses the Fintech partner to set up an account to accept, process, and hold the respective monetary contributions for the online transaction.  

The AnythingGoes.app does NOT physically hold any monies from any transactions between any parties. The Online Transaction services encompass web-based transaction management functions conducted by a third-party financial technology partner of AnythingGoes.app acting as an online transaction instructions facilitator. This role is undertaken on behalf of both Underlying Parties, facilitating transactions about the mutually agreed upon Underlying Transaction. The purpose of Online Transaction services, the third-party financial technology partner, is to streamline the finalization of the Underlying Transaction as per the stipulations outlined in the AnythingGoes.app Terms of Service.

Although one or more parties involved in the Underlying Transaction and the Holding account deposited funds might be situated between different states, the parties participating in the transaction collectively affirm and consent that the coordination and execution of the Online Transaction and Online Transaction services may take place in interstate commerce, but the laws of the state of Delaware applies in all online transactions.

4. Online Transaction instructions. Once each Underlying Party have reached a mutual agreement on identical Transaction Detail Screens for a specific underlying Transaction, and all parties have indicated their acceptance by selecting the "Agree" button at the bottom of the Transaction Detail Screens, these actions signify the acceptance of the Transaction Online Transaction instructions and these Terms, forming a legally binding agreement among all involved parties. The Transaction Detail Screens must be complete, without any blank spaces, at the time of agreement.

Upon the selection of the "Agree" button by both Users, the terms, conditions, and other particulars outlined in the Transaction Detail Screens become the governing Transaction Online Transaction instructions for the Underlying Transaction between the Users.

Should the need arise to introduce additional instructions or make amendments, additions, deletions, or alterations to the Transaction Detail Screens, the Underlying Parties are required to execute any corresponding supplemental instructions, modifications, or changes (collectively referred to as "Supplemental Online Transaction instructions").

The AnythingGoes.app retains the right to reject any proposed supplemental Online Transaction instructions and to terminate the Online Transaction as outlined in these terms.  The AnythingGoes.app can accept electronically generated instructions using the parties' respective Digital IDs. The parties involved in the Underlying Transaction hereby mutually consent to conduct the Online Transaction in an electronic format.

The Underlying Parties acknowledge that by entering the Transaction Online Transaction instructions, they can electronically receive, download, and print these instructions. All instructions must be in written form, and the Underlying Parties and the AnythingGoes.app are not bound to adhere to verbal or oral statements or instructions.

5. Restrictions on the Online Transaction services. The provision of Online Transaction services is solely extended to lawful Underlying Transactions. It remains at the discretion of the AnythingGoes.app to decline or prohibit any particular Underlying Transaction. Furthermore, specific constraints on the utilization of Online Transaction services might be in effect, and these can be reviewed on the Site or referenced elsewhere in the AnythingGoes.app Terms of Service. The eligibility to utilize Online Transaction services is limited to registered Users, and registration necessitates the submission of all required information on the Site. It is important to note that Applicable Laws could impose additional limitations on the availability of Online Transaction services.

6. Rejection of Payment. Since the AnythingGoes.app uses a third-party financial technology partner and the utilization of a bank account, credit card, debit card account, or the initiation of an electronic funds transfer could be subject to limitations imposed by your agreement with your financial institution and/or relevant laws, AnythingGoes.app holds no responsibility towards any User if it fails to finalize an Online Transaction or any related action due to such restrictions. This also applies if a financial institution does not honor a credit or debit to/from an Account. The AnythingGoes.app reserves the right to post operational guidelines or terms and conditions pertaining to payments on the Site, with the liberty to modify such rules periodically.

7. Prohibited Transactions. Users are prohibited from utilizing or attempting to utilize the Site or the Online Transaction services in conjunction with any Underlying Transaction that:

  1. is unlawful, involves prohibited items, or serves an unlawful objective;

  2. contains explicit or indecent content;

  3. involves illegal gambling;

  4. concerns weaponry or firearms;

  5. encompasses pirated software, DVDs, videos, or items that violate copyrighted works;

  6. concerns illicit drugs, controlled substances, alcoholic beverages, or tobacco items;

  7. encompasses the trade or transfer of alcohol licenses, funds, or joint control agreements, the reevaluation of reservation deposits in any form, or promissory notes, mortgages, or deeds of trust;

  8. is predominantly intended for the exchange of currencies, including digital forms;

  9. entails transactions that directly or indirectly involve individuals or entities with whom engagement is restricted for the U.S. or other parties, as stipulated by sanctions and export controls enforced by the Departments of Treasury, Commerce, and State;

  10. entails transactions that directly or indirectly involve individuals or entities with whom engagement is forbidden for the U.S. or other parties under relevant laws.

Moreover, at its exclusive discretion, the AnythingGoes.app retains the right to decline the completion of any Underlying Transaction. This decision may be exercised if AnythingGoes.app has a reasonable basis to suspect that the transaction could be unauthorized or instigated by an individual other than yourself, or if it could potentially contravene any Applicable Law or the AnythingGoes.app Terms of Service. Each User hereby agrees to indemnify and absolve the AnythingGoes.app, along with its employees, officers, directors, and agents, from any losses, encompassing attorney fees and expenses, that result from any usage or attempted usage of the Online Transaction services that breach the AnythingGoes.app Terms of Service. This indemnity pertains to any such usage or attempted usage, including but not limited to instances where the Online Transaction services are utilized for a Prohibited Transaction.

8. Users' Responsibilities. On the Transaction Detail Screens, the User is required to specify a payment mechanism and designate an Account from which the online transaction funds will be sourced for deposit into holding accounts. Depending on the amount of the Underlying Transaction and the chosen currency, the User may submit the necessary funds through various means, including credit card, charge card, debit card, purchasing card, or wire transfer.

In the case of wire transfers, the User must initiate the transfer to an account designated by the AnythingGoes.app on or before the date outlined in the Transaction Detail Screens. It is the responsibility of the Users to transfer the online transaction Funds to a holding account designated by the AnythingGoes.app regardless of the funds transfer means.

Funds received from the User will be deposited by the AnythingGoes.app into a holding account (the "Holding Account") managed by a third-party financial technology partner in accordance with the laws of the state of Delaware. By default, holding account deposits will accrue interest and be the sole property of the AnythingGoes.app. The Underlying Parties will not have any rights in any accrued interest.

9. Overall Usage Terms. If you access the Site through entities linked and/or integrated with the AnythingGoes.app, or by any means involving a third party, you hereby grant authorization to such third party to transfer pertinent data to the AnythingGoes.app for the purpose of facilitating the Online Transaction. You declare and affirm that all information provided to the AnythingGoes.app or to such third party shall be truthful, accurate, and complete. Furthermore, you comprehend and agree that it is your obligation to promptly update the AnythingGoes.app in case of any significant alterations to such information before finalizing an Online Transaction.

The individual entering into these Terms on behalf of any User assures and confirms their authorization to do so and to legally bind the User. Moreover, they affirm that they are a natural person aged eighteen (18) or older. If the User is represented as a business entity, trust, or any other legal entity or organization, the User affirms their legal existence, good standing, and recognition by the relevant governing authority at the address registered by the User on our Site.

To initiate an Online Transaction or avail of the Online Transaction services, a User must complete the registration process to create an Account on our Site and agree to use a third-party financial technology partner and submit to the laws of the state of Delaware for the online transaction and Online Transaction services. You are required to fill out the Online Transaction services application form and submit it following the instructions provided on the Site. 

After you have duly filled out and submitted the service application and accompanying forms, which includes your agreement to abide by the AnythingGoes.app Terms of Service, we will evaluate your application and decide whether to approve or decline it at our discretion.

10. Resignation. The AnythingGoes.app reserves the right to issue a notice of its intention to resign as the Online Transaction instructions facilitator at any given time. In the event that, within ten (10) days from the notice, the AnythingGoes.app has not received communication from all Parties involved in an Underlying Transaction indicating the appointment of a replacement online transaction instructions facilitator (with clear identification of the substitute online transaction instructions facilitator), AnythingGoes.app is empowered to fulfill its duties under these Terms by transferring all holding account deposited funds to a court with proper jurisdiction. Should an alternative Online Transaction instructions facilitator be officially designated, the AnythingGoes.app's responsibilities under the AnythingGoes.app Terms of Service will be fulfilled by transferring all Holding account deposited funds to the depositing Party. Following the successful disbursement of the Holding account deposited funds as outlined in these Terms, the AnythingGoes.app will be fully released from any liabilities and obligations pertaining to the holding accounts Funds and the Online Transaction. 

11. Our Obligations. The AnythingGoes.app is exclusively bound to fulfill the duties explicitly outlined within the AnythingGoes.app Terms of Service. The company shall not be held liable for any errors in judgment, acts taken or not taken, or mistakes of fact or law, except in cases of gross negligence or willful misconduct (as subject to the limitations provided below). The AnythingGoes.app retains the right to rely on any communication, request, notice, certificate, agreement, or document transmitted or signed by a User or on their behalf, without the obligation to conduct further inquiry or investigation. The platform is not obligated to verify or warrant the representations made by Users. 

In situations where the AnythingGoes.app encounters uncertainty regarding its obligations or rights under the AnythingGoes.app Terms of Service, receives conflicting instructions, demands, or notices from Users or financial institutions, or faces a dispute related to the AnythingGoes.app Terms of Service or the Holding account deposited funds, the platform may take certain actions. These actions may involve consulting the legal counsel of its choice, and any decisions made based on such advice will be considered as having received your consent. Alternatively, the AnythingGoes.app may choose to withhold from taking any actions apart from retaining the funds in holding accounts, following the written agreement of Users, the final decision of the Underlying Parties. Furthermore, the AnythingGoes.app may fulfill its duties under these Terms by returning the respective deposited holding account Funds to each party.

12. Fees. Underlying Parties acknowledge and accept that the AnythingGoes.app does not charge or collect any portion of the Holding account deposited funds as a fee for the Online Transaction services provided by the AnythingGoes.app.

13. Transaction Cancellation. If an Underlying Transaction cannot be successfully executed due to any circumstances, including cancellation by the AnythingGoes.app for any reason, each Party involved in said Underlying Transaction will be duly informed through email to the respective email addresses provided to the AnythingGoes.app. At its sole discretion, the AnythingGoes.app retains the authority to terminate any Underlying Transaction if all Parties within said Transaction do not reach a mutual agreement on the specified terms as mandated on the Transaction Detail Screens, and consequently fail to click the "Agree" button as prompted on the Site. The cancellation of an Underlying Transaction may also be initiated by any Underlying Party, following the procedures stipulated in the AnythingGoes.app Terms of Service.

14. Responsibilities of Participants. On the Transaction Detail Screens, each Party participating in an Underlying Transaction is required to designate an Account to receive payment for the Transaction. By doing so, each Party grants authorization to the AnythingGoes.app, along with its authorized representatives and service providers, to initiate credit entries to the designated Account for payment of the agreed amount per the Transaction  Instructions. Additionally, Parties permit the debiting of their Account to fulfill their respective obligations.

15. Verification of Statements. By utilizing the Online Transaction service and agreeing to these Terms, you acknowledge and consent that all notifications and correspondence related to these Terms and the Online Transaction service will be conducted via email or within the confines of the Site. Should the Parties decide on alternate arrangements, these will be outlined elsewhere in the AnythingGoes.app Terms of Service. It is your understanding that the AnythingGoes.app reserves the right to request supplementary information from you whenever necessary, be it for verification, authentication, or other legitimate business purposes.

16. Digital Identification. You acknowledge and accept that the AnythingGoes.app will generate, provide, and validate a digital identification known as a "Digital ID" for every User. This Digital ID will be affixed to each duly accepted electronic document and notification email. You hereby affirm that your Digital ID constitutes a legally valid "Electronic Signature." For comprehensive details regarding the AnythingGoes.app's utilization of the Digital ID, please refer to the General Online Transaction instructions.  

17. Notices. Communication from the AnythingGoes.app to you will be conveyed through email or general announcements posted on the Site. To contact the AnythingGoes.app, you can utilize the customer support form or use the email address provided by the AnythingGoes.app as its designated contact for notifications on the most recent version of the Terms.

18. Risk Acknowledgement. By utilizing the Services, you explicitly acknowledge that your engagement is entirely at your own risk. The provision of Online Transaction services is offered strictly on an "as is" and "as available" foundation.

19. Disclaimers.

  1. ANYTHINGGOES.APP DOES NOT PROVIDE ANY WARRANTIES CONCERNING THE UNDERLYING TRANSACTION, THE SERVICES ACQUIRED BY YOU THROUGH THE SITE OR SERVICES, THE FITNESS OF THE SERVICES FOR YOUR PARTICULAR NEEDS, OR THE UNINTERRUPTED, TIMELY, OR ERROR-FREE OPERATION OF THE SERVICES OR SITE. ANYTHINGGOES.APP DOES NOT WARRANT THAT ITS SECURITY MEASURES ARE IMPERVIOUS TO BREACH.

  2. ANYTHINGGOES.APP CLEARLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANYTHINGGOES.APP WILL NOT BE LIABLE FOR ANY GUARANTEES, WARRANTIES, OR REPRESENTATIONS, IF ANY, PROVIDED BY ANY USER OF GOODS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANYTHINGGOES.APP OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPLICITLY STATED HEREIN.

20. No Endorsement or Liability from Third-Party Acts. You acknowledge and agree that the AnythingGoes.app does not endorse the websites of third parties, including partner marketplaces, and assumes no responsibility or liability for the accuracy of any content contained therein, any potential infringement of third-party intellectual property rights, or any fraudulent or criminal activities facilitated by them. Your participation in an Underlying Transaction or acceptance of the AnythingGoes.app Terms of Service is not based on the AnythingGoes.app's association with any third party. In no event will the AnythingGoes.app be held liable for the actions or omissions of third parties, which may include your financial institution, payment systems, service providers, telecommunications providers, internet access or computer equipment or software providers, mail or delivery services, payment or clearing house systems, or any circumstances beyond the AnythingGoes.app's control, such as natural disasters, war, strikes, terrorism, governmental actions, equipment failures, computer viruses, cyberattacks, or disruptions in utility services.

21. Security. The AnythingGoes.app employs a secure sockets layer ("SSL"), a robust security protocol that ensures data encryption, server authentication, and message integrity for online connections. This measure is aimed at safeguarding the information you share with the AnythingGoes.app. Additionally, we have established a security framework that mandates the use of a unique user ID and password for accessing your transactions on the Site. It is your responsibility to keep your password confidential and prevent its unauthorized use or disclosure to any third party.

22. Modifications. The AnythingGoes.app retains the authority to modify any segment of these Terms at its discretion and without advance notice. However, any alterations will not impact an Underlying Transaction after the Underlying Parties involved have mutually accepted the Transaction Online Transaction instructions. You acknowledge that the latest rendition of these Terms will always be accessible on the Site.

23. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ANYTHINGGOES.APP, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES, OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS EXCLUSION OF LIABILITY COVERS LOSS OF USE, DATA, INCOME, PROFIT, OR PROPERTY, CLAIMS FROM THIRD PARTIES, OR ANY OTHER LOSSES OR DAMAGES OF ANY CHARACTER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE AND ACCEPT THIS EXCLUSION OF LIABILITY FOR ANY LOSSES OR DAMAGES INCURRED OR SUFFERED IN CONNECTION WITH THE USE OF THE SITE(S) OR LINKED WEBSITES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

FOR CLARITY, ANYTHINGGOES.APP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, OR EXPENSES ARISING FROM EACH UNDERLYING PARTY, OR AUTHORIZED USER ACCESS OR USE OF OUR SERVICES UNLESS SUCH LOSS OR DAMAGE ARISES FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WE ARE NOT LIABLE FOR THE FOLLOWING INSTRUCTIONS, NOTICES, OR DEMANDS FROM PARTIES OR THEIR AGENTS, NOR ARE WE LIABLE FOR MATTERS RELATING TO DISPUTES BETWEEN THE USER AND USER ARISING FROM AN AGREEMENT BETWEEN THEM. EACH UNDERLYING PARTY CONSENTS TO THESE LIMITATIONS OF LIABILITY.  

24. Miscellaneous. In the occurrence of any dispute, claim, breach, or disagreement arising from or concerning the AnythingGoes.app Terms of Service or an Underlying Transaction, you hereby agree to address such matters in accordance with the procedures outlined in these Terms. The AnythingGoes.app Terms of Service will be governed by the laws of the State of Delaware. Any disputes will be resolved in accordance with the Dispute Resolution and Governing Law/Venue provisions as stated in these Terms. The AnythingGoes.app Terms of Service constitute the complete agreement between the AnythingGoes.app and you about the subject matter herein and replace all previous or concurrent understandings, agreements, communications, and/or advertising related to such subject matter.

25. Non-Transferability of Services by You. You are prohibited from assigning the AnythingGoes.app Terms of Service, including the Transaction Online Transaction instructions and Supplemental Online Transaction instructions, to any third party, except as mandated by Applicable Law. Your ability to utilize the Online Transaction services is non-transferable and cannot be sold or conveyed to any other individual or entity without prior written consent from the AnythingGoes.app. Any attempt by you to assign or transfer in violation of this clause will be deemed invalid.

26. Assignment. The AnythingGoes.app reserves the right to transfer these Terms to any existing or future affiliated entity and to any successor in interest. Additionally, the AnythingGoes.app may entrust specific rights and obligations under these Terms to third parties.

27. Overview of Services. Each of the Underlying Parties is responsible for logging into the Site daily to verify the status of the Online Transaction. Confirmation of the Online Transaction's status can only be achieved by the Underlying Parties through their login on the Site. To ensure accuracy, the automated messages sent by the AnythingGoes.app must be validated by the Underlying Party via their login on the Site to assess the Online Transaction's status. Unless compelled by Applicable Law, the Underlying Parties should not rely on verbal or written guidance from AnythingGoes.app staff regarding the Online Transaction's status. Also, the details of the transaction will be available on the AnythingGoes.app website and mobile application by default and be available to the public via the Internet and on the mobile application. The availability on the website and the mobile application of the transaction details will be governed by the privacy settings and are covered in detail in the Privacy Policy document.

28. Acceptance by the User; Disbursement of Funds. In cases where a User utilizes the Online Transaction services via a partner marketplace, the User is required to click the accept or reject button for the Online Transaction on the said partner marketplace. Additionally, the User must adhere to all instructions provided by AnythingGoes.app pertaining to the Online Transaction.

29. Suspension of Services. AnythingGoes.app reserves the right to suspend or terminate Your access to the Site or Online Transaction services at its sole discretion and without prior notice, for any reason. While we may attempt to provide advance notice of such actions through email, we are not obligated to do so, especially if it could compromise the security, privacy, or integrity of the Online Transaction services. In the event of suspension or termination, any Online Transactions initiated by You before such action will remain your responsibility. This includes fulfilling obligations.

30. Integrated Affiliate. In the event that an entity's website is fully or partially integrated with the Site to transmit data, said entity will be deemed an integrated affiliate ("Integrated Affiliate") and shall adhere to the Transaction Online Transaction instructions and any applicable Supplemental Online Transaction instructions. This obligation shall become effective when the terms transition from the Integrated Affiliate website to the Site. Conversely, the User shall be subject to the Transaction Online Transaction instruction terms and any relevant Supplemental Online Transaction instruction terms from the moment the User clicks the "Agree" button, thereby associating User's Digital ID.

31. Authentication Services

  1. The ensuing extra provisions are relevant to Online Transactions directed to the AnythingGoes.app from an external online marketplace.

  2. The connection between the Underlying Parties and the referring external marketplace is distinct from the relationship between the Underlying Parties and the AnythingGoes.app in the context of the AnythingGoes.app Online Transaction. 

32. Dispute Resolution.

  1. In the event of any dispute, claim, question, disagreement, or breach (collectively referred to as "Disputes") arising between the Underlying Parties concerning the Online Transaction or any aspect of the Online Transaction services, the Underlying Parties shall immediately provide written notice to the AnythingGoes.app. The Underlying Transaction Instructions shall include a date by which the transaction will either be agreed to or terminated. The AnythingGoes.app will return the deposited Holding account deposited funds to the respective depositing party if the termination date is reached without a mutual agreement by the Underlying Parties.  

  2. In the event of a Dispute arising between an Underlying Party and the AnythingGoes.app, or about the Online Transaction services, the Parties hereby agree to engage in binding Arbitration as outlined in this Section. An Underlying Party involved in such a Dispute must promptly inform the AnythingGoes.app in writing about the nature of the Dispute. Subsequently, both the Underlying Party and the AnythingGoes.app shall make diligent efforts to resolve the Dispute during the Negotiation Period. If no resolution is reached within the Negotiation Period, they shall proceed to initiate Arbitration in accordance with the terms outlined in this Section before the conclusion of the Arbitration Commencement Period.


BY USING ANYTHINGGOES.APP, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO LITIGATE DISPUTES IN COURT to the fullest extent permitted by Applicable Law. You consent to the resolution of any Dispute between you and the AnythingGoes.app EXCLUSIVELY THROUGH BINDING ARBITRATION as detailed in this Section. Your rights in relation to any Dispute involving the AnythingGoes.app will be determined by an IMPARTIAL ARBITRATOR, NOT A JUDGE OR JURY. While you are entitled to a fair hearing, the Arbitration procedures may be more streamlined and restricted compared to court regulations. You comprehend and agree that the final decision of an Arbitrator regarding Arbitration between you and the AnythingGoes.app is just as legally enforceable as any court-issued order.

If you bring forth any Disputes, they must be presented solely on your behalf and not as a plaintiff or participant in any alleged class or representative action. Furthermore, the Arbitrator is prohibited from combining Disputes from multiple individuals against the AnythingGoes.app and is not authorized to oversee any form of representative or class proceeding, or grant relief on a class-wide basis against AnythingGoes.app.

  1. Should the AnythingGoes.app not receive an Arbitration notice within the Arbitration Commencement Period, it reserves the right to terminate the Online Transaction and refund the Holding account deposited funds to the Users.  

  2. The party initiating Arbitration shall communicate this action by delivering a written demand for arbitration to the other Parties. Service of the arbitration notice or a Complaint and summons related to a judicial action shall be accepted by the Underlying Parties via email, using the addresses previously provided to the AnythingGoes.app.

  3. Arbitration proceedings can be initiated through the American Arbitration Association ("AAA"), Judicial and Mediation Services, Inc. ("JAMS"), or Net-ARB Inc. ("net-ARB"), with the initiating Party having the discretion to choose the Arbitration Provider. The Arbitration shall be held in Los Angeles, California unless all involved Parties mutually agree on an alternate venue. The Arbitration will be conducted under the Federal Arbitration Act and not governed by any state arbitration law. The Arbitration will adhere to the published rules and procedures of the chosen Arbitration Provider unless otherwise stipulated in these Terms or agreed upon in writing by the parties. Should any conflict arise between these Terms and the rules or procedures of the Arbitration Provider, these Terms will prevail to the extent of such conflict.

  4. Unless the parties mutually agree otherwise, Arbitration proceedings shall be overseen by a single neutral arbitrator ("Arbitrator") who is a member of AAA, JAMS, or net-ARB and possesses substantial experience in resolving commercial contract disputes. The initiating Party shall furnish the Arbitration Provider with a copy of this arbitration provision, along with the names, contact details, and designated representatives of the Underlying Parties and the AnythingGoes.app. This information shall also be shared with all other Parties ("Arbitration Request"). The AnythingGoes.app shall not be considered a participant in the Arbitration process to settle a Dispute between the Underlying Parties unless it voluntarily chooses to engage. The Arbitration Request will call upon the Arbitration Provider to designate an Arbitrator following their established procedures. Should the Arbitration Provider lack such a procedure, the Arbitration Request will seek the identification of three potential Arbitrators ("Arbitration Provider List"). No Underlying Party shall have the right to request the inclusion of any specific Arbitrator on the Arbitration Provider List. Each Underlying Party, upon receiving the proposed names, may strike one name from the list within five (5) days. Subsequently, the Arbitration Provider shall appoint an Arbitrator and an alternate from the remaining names that have not been struck. In the event the Arbitration Provider fails to make a timely appointment, either Underlying Party may petition the Los Angeles County Superior Court, Los Angeles, California, for such an appointment. Within ten (10) calendar days of the Arbitrator's appointment, a planning hearing shall be scheduled. This hearing, conducted via telephone, will take place within the subsequent ten (10) calendar days. Its purpose will be to address scheduling, discovery, and any other relevant matters within the Arbitrator's discretion. The Arbitrator shall decide all gateway issues of arbitrability including whether the Dispute is subject to Arbitration in whole or in part and whether a Party’s litigation conduct constitutes a waiver of the right to demand Arbitration.

  5. If an Underlying Party fails to engage in the Arbitration process, the Arbitrator is authorized to issue a default award.

  6. Unless the Underlying Parties (and the AnythingGoes.app if involved) stipulate otherwise as outlined herein, Arbitration for transactions shall occur in Los Angels, California, on a date, time, and location chosen by the Arbitrator. The ultimate hearing must commence within 120 calendar days from the notice of Arbitrator selection, served either by the Arbitration Provider or the Superior Court, as applicable. The parties shall make reasonable efforts to conclude the hearing within 90 calendar days from its commencement, although the parties acknowledge that the Arbitrator may, at its sole discretion, extend this timeframe to schedule the hearing or make a decision. The rendered decision shall be well-reasoned. The parties shall make commercially reasonable efforts to obtain the decision within 20 days after the final hearing's conclusion, except in cases where the Arbitrator deems a longer period appropriate.

  7. Subject to the award-shifting provision described below, each Underlying Party shall contribute a pro-rata portion of the Arbitrator's expenses and fees, along with other approved arbitration costs incurred. The AnythingGoes.app will not bear any portion of the Arbitration expenses and fees unless the AnythingGoes.app is involved in a Dispute as outlined in paragraph (b) above. An Underlying Party that fails to fulfill its share shall be ineligible for participation in the Arbitration and may face a default order and consequent award by the Arbitrator. In the event of a failure to meet the share, the remaining Underlying Parties shall equitably cover the outstanding costs. The Arbitrator shall include such payment in the final award to reinstate the Underlying Parties to the position they would have been in had proper payment been made.

  8. The Arbitrator shall grant the prevailing Party their Arbitration expenses, reasonable attorneys' fees, and witness fees, by these Terms, the Federal Arbitration Act, and, as required, the relevant rules and procedures of the chosen Arbitration Provider.

  9. Failure to respond or comply with an Arbitration demand or to engage in the Arbitration process will lead to the forfeiture of all rights of the non-compliant Underlying Party related to the dispute, including rights to the Holding account deposited funds or any associated property, and may result in a default judgment against said Underlying Party.

  10. An Arbitration award will stand as conclusive and binding upon the involved Parties in the Arbitration, and a court of competent jurisdiction may enter a judgment to confirm the award. The Arbitrator shall provide all Parties with a copy of the award, including the AnythingGoes.app even if it is not a participant in the Arbitration.

  11. Except as mandated by Applicable Law, the AnythingGoes.app will refrain from taking any action to conclude the Online Transaction or otherwise manage the Holding account deposited funds until it receives either: (i) a joint instruction that is signed by all affected Underlying Parties; or (ii) an order issued by the Arbitrator or a court of competent jurisdiction that directs the AnythingGoes.app's actions. The AnythingGoes.app is not obligated to initiate or continue providing updates to the Underlying Parties regarding the status of the Online Transaction, Arbitration, or any judicial proceedings. If required by Applicable Law or if directed by the Arbitrator and provided that all arbitration or court fees required by the Underlying Parties under these Terms have been prepaid, the AnythingGoes.app will place the Holding account deposited funds into an interest-bearing account. The distribution of interest accrued will not be associated with the resolution of the dispute and how it affects the Underlying Parties. ANYTHINGGOES.APP AND ITS AFFILIATES' RESPONSIBILITY IS LIMITED TO MAINTAINING AND DISPENSING THE HOLDING ACCOUNT FUNDS BASED ON INSTRUCTIONS SIGNED BY ALL UNDERLYING PARTIES OR A DECISION FROM THE ARBITRATOR AND/OR JUDGE. However, despite the above, the AnythingGoes.app retains the discretion, on a unilateral basis, to bring the disputed funds related to any Online Transaction to a court through interplead proceedings.

  12. The AnythingGoes.app has the option, at its discretion, to initiate either Arbitration or a legal proceeding (which could involve interpleading the Holding account deposited funds within a court of appropriate jurisdiction) to address any Dispute arising from an Online Transaction.

33. Updating Contact Information. You are responsible for promptly informing us of any updates or changes to your contact details, such as email address, residential, business, and mailing address, as well as telephone number(s). This ensures that your records with the AnythingGoes.app remain accurate. By doing so, you permit us to send communications and inquiries to the email address associated with your Account on file.

34. Time Limits.

  1. If the Site or Online Transaction services are inaccessible AnythingGoes.app reserves the right to exercise its discretion in extending these durations. Such extensions, if deemed appropriate, will be promptly communicated to all Underlying Parties via email notification. However, it is important to note that, apart from extensions granted by AnythingGoes.app, the Transaction closing data shall remain unaltered and not subject to modification.

  2. If the Site becomes inaccessible for conveying acceptance, rejection, or the return of an item to the AnythingGoes.app, the concerned Underlying Party shall ensure to notify the AnythingGoes.app within the specified timeframe. This notification can be accomplished by sending an email through the support form. (https://www.AnythingGoes.app/ContactUs). The effectiveness of this notification will be confirmed once the AnythingGoes.app acknowledges its receipt through email or by updating the Transaction Detail Screen for the Underlying Parties.

35. Payments.

  1. Any Holding account deposited funds owed to an Underlying Party will be promptly transferred to the relevant Account upon the Underlying Parties acceptance or Transaction closing date. 

  2. If a User opts for a credit card as the chosen payment method, the AnythingGoes.app may initiate a charge to User's credit card upon the selection of the Form of Payment on the Transaction Detail Screen. Users must provide valid identification documentation for verification purposes. The AnythingGoes.app retains the right to decline a credit card or any other payment method at its discretion, without the need to disclose reasons. In case of such refusal, the Online Transaction will be deemed canceled after twenty (20) calendar days from the AnythingGoes.app's notification of refusal if the User fails to rectify the situation within that timeframe. Disbursement of all Holding account deposited funds will typically be through the mailing of a regular check unless an alternative method is specifically requested by the payee. Alternatively, if authorized by the credit card company or other payment source, the payee may receive a credit back to their credit card or chosen payment source.

  3. Payments issued via check will be subject to a 10-day holding period.

  4. Payments made using a credit card, debit card, or PayPal Account may experience processing delays, and the funds will be considered deposited with the AnythingGoes.app only on the Business Day when they are credited to the AnythingGoes.app's designated account.

  5. The AnythingGoes.app does not support the forwarding or initiation of ACH payments to holding accounts. ACH payments will only be accepted when explicitly approved and authorized by the AnythingGoes.app in advance and in writing. When the Underlying Parties seek approval for ACH payment and the AnythingGoes.app grants such authorization for an Online Transaction, the ACH payment will be initiated solely by the AnythingGoes.app or its designated payment gateway, and not by the Underlying Parties. Under no circumstances will an ACH payment be deemed valid if it is forwarded, initiated, or 'pushed' into a holding account by the Underlying Parties involved in the Online Transaction. It is understood that any ACH transaction must adhere to U.S. laws and NACHA rules. The AnythingGoes.app assumes no responsibility for errors in completion, accuracy, or timeliness of any transfer properly initiated by the AnythingGoes.app by jointly written instructions, including those arising from third-party financial institutions or parties to the transaction, or due to insufficient or unavailable funds in an external account. If a refund is necessary for a transaction funded via ACH, the responsible party must initiate a recall request from the originating institution. If the institution cannot execute a recall, a written notification stating the inability to perform a recall must be provided. Following further assessment, the AnythingGoes.app may consider executing a refund.

  6. Upon any payment or disbursement of the Holding account deposited funds, the Online Transaction will be considered concluded and final, releasing all Parties from further obligations. If an Online Transaction is closed and the AnythingGoes.app has already disbursed funds, if a User who utilized ACH or credit card payment initiates a stop payment or chargeback with their bank or card issuer, resulting in non-receipt of the payment by the AnythingGoes.app or the reversal of a previous credit, it shall be deemed a substantial breach of these Terms. In such a breach occurring post-closure of the Online Transaction, damages equivalent to the stopped payment, reversal, or chargeback amount, along with an additional sum reflecting the AnythingGoes.app's actual costs, losses, or damages resulting from the said stoppage, reversal, or chargeback, will be assessed. This amount will be reasonable considering factors like (i) the foreseen or actual harm resulting from the breach; (ii) the challenges involved in proving losses; and (iii) the impracticability or infeasibility of obtaining an alternate sufficient remedy.

36. Holding account deposited funds.

  1. Pursuant to Delaware law (and analogous sections of relevant federal laws), the AnythingGoes.app will securely retain Holding account deposited funds in an interest-bearing deposit account held and managed by a third-party financial technology partner that is approved by Delaware law (as managed by the third-party financial technology partner), but not insured by the Federal Deposit Insurance Corporation. It should be noted that the administration of these accounts may lead to the AnythingGoes.app or its Affiliates receiving specific bank services, privileges, or other advantages from the bank of the third-party financial technology partner. However, none of these advantages shall be conferred to the benefit of the Underlying Parties.

  2. The Underlying Parties agree that the Holding account deposited funds will be placed in an interest-bearing deposit account by the third-party financial technology partner.  Unless otherwise requested as specified herein and in compliance with applicable laws, the Holding account deposited funds will accrue interest from the bank of the third-party financial technology partner. The Underlying Parties agree that the accrued interest will be the sole property of the AnythingGoes.app. 

37. Indemnification.

  1. The Underlying Parties agree to indemnify, defend, and hold the AnythingGoes.app, its Affiliates, and their respective officers, directors, shareholders, employees and assigns harmless from any and all third-party tort claims, suits, actions, and proceedings (referred to as "Claims") arising due to the negligent acts, errors, or omissions of the Underlying Parties in connection with the use of Online Transaction services or a breach of the AnythingGoes.app Terms of Service. This includes instances such as non-payment or insufficient payment of Fees or other charges, chargebacks from card organizations, or reversals or nonpayment of credit or debit entries. This indemnification also extends to any judgments, settlements, liabilities, damages, demands, taxes, charges, expenses, legal fees, and other costs, arising from such third-party Claims. The responsibility for indemnification lies with the Underlying Party(ies) responsible for the harm caused to the AnythingGoes.app. If multiple Underlying Parties are liable for indemnification, their obligation will be joint and several. These indemnification obligations shall remain in effect even after the termination of these Terms.

  2. You also agree to release, indemnify, and hold the AnythingGoes.app, including its Affiliates, as well as our respective officers, directors, shareholders, employees, and assigns, harmless from any and all liability, claims, damages, actions, or losses resulting from or related to your actions in connection with:

    1. all losses or costs experienced or accrued by AnythingGoes.app, encompassing Disputes.

    2. any instance in which you fail to remit fees.

    3. any unsuccessful or terminated Online Transaction, including, but not limited to, chargebacks initiated by a card organization, reversals, or nonpayment of any credit or debit transaction.

    4. any misrepresentation, contractual breach, or failure to fulfill obligations in connection with your interactions with a Party, encompassing any disputes that may arise.

    5. any instance where you fail to provide accurate and correct information to us.

    6. any failure on your part to update your personal or business contact information in accordance with these Terms.

    7. Any violation by you of your obligations under or in connection with these Terms.

38. Communication Between Parties. Unless otherwise mutually agreed upon or explicitly outlined herein, all communication shall be conducted via email, directed to the most up-to-date address provided in the user profile for the respective Underlying Parties. Any agreements separate from the Transaction Online Transaction instruction terms must be in written form and bear the signatures of the relevant Underlying Parties or Parties involved. To ensure the accuracy of all emails from the AnythingGoes.app, the Underlying Parties should utilize the Site for verification. Pursuant to Delaware law, an electronic record is deemed sent when it is properly addressed or directed to the intended recipient and either: (a) enters an information processing system beyond the control of the sender, or (b) enters a region of an information processing system under the recipient's control.

Should an Underlying Party find themselves unable to access the Site once the Online Transaction is underway, alternative methods for signature and acknowledgment can be arranged by contacting the AnythingGoes.app via email at support@AnythingGoes.app. The utilization of alternative communication methods shall only be required to the extent deemed reasonable under the circumstances.

39. Authority. The individual who clicks the "Agree" button on behalf of an Underlying Party confirms that he/she: (a) has attained the legal age of majority in their residing jurisdiction; (b) has reviewed and consents to abide by the AnythingGoes.app Terms of Service; and (c) possesses the authorization to act on behalf of the represented entity.

40. Identification.

  1. The AnythingGoes.app will generate, provide, and validate Digital IDs for all parties involved (referred to as "Underlying Parties"). As aligned with these Terms and in adherence with the Uniform Electronic Transaction Act and equivalent legislation, Digital IDs will be regarded as "electronic signatures." Such signatures will be attributed to the individual as if the Digital ID was their own action. These electronic signatures may be presented in any suitable form, inclusive of any security procedure implemented for the purpose of verification.

  2. Digital IDs are attached to all electronic documents and notification emails that have been accepted. When the User clicks the "Agree" button, their Digital ID is linked to all accepted documents. Similarly, the User's Digital ID is attached to electronic documents when they click the "Agree" button, and these documents are transmitted from the User to the Site. It should be noted that, notwithstanding any contrary provisions, the AnythingGoes.app reserves the right to require ink signatures on hard copy documents, which may encompass some or all the Transaction Online Transaction instruction terms.

  3. The AnythingGoes.app is dedicated to full compliance with all relevant Anti-Money Laundering and Terrorism Financing Laws. In alignment with regulatory mandates and international sanctions for economic and other purposes, we perform thorough screenings and ensure adherence to the mandates of Applicable Law.

  4. We will gather details pertaining to your identity, including your complete name, date of birth, residential address, and, where applicable, identification number. We will then proceed to electronically verify or utilize documents provided by you to confirm the accuracy of this information.

  5. In order to electronically verify your identity, we may share your personal information with an identity verification service.

  6. For entities other than individuals (such as corporations, partnerships, or trusts), you are required to furnish us with documents that establish the legal existence of the entity.

  7. During the process of confirming your identity or if we encounter difficulties in confirming your identity, we may be unable to proceed with providing the requested Online Transaction services.

41. AnythingGoes.app’s Rights; Disputes.

  1. If AnythingGoes.app determines that the Online Transaction potentially contravenes the AnythingGoes.app Terms of Service or could infringe upon Applicable Law, it retains the right to terminate the Online Transaction. At its sole discretion, AnythingGoes.app may opt to pursue legal remedies through a judicial process or take any other necessary actions it deems suitable.

  2. If a Dispute between the Underlying Parties remains unresolved for an extended period, as determined by the AnythingGoes.app, or conflicting demands arise, the AnythingGoes.app reserves the right to request Arbitration, initiate a legal proceeding, or undertake other suitable actions as it deems necessary.

42. Complete Agreement and Conflict Resolution.

  1. The AnythingGoes.app Terms of Service represent the complete agreement between the Parties regarding the stated subject matter and override any previous or concurrent understandings, agreements, or communications related to that particular subject.

  2. In the event of a conflict between the General Online Transaction instructions and either the Transaction Online Transaction instructions or the Supplemental Online Transaction instruction terms, the General Online Transaction instructions shall take precedence initially, to the extent of the conflicting terms. If a conflict arises between the General Online Transaction instructions and these Terms, these Terms shall take precedence initially, to the extent of the conflicting terms.

  3. The provisions within the AnythingGoes.app Terms of Service are not intended to impact the distinct agreements between or among the Underlying Parties, and these separate agreements do not influence the AnythingGoes.app in any way.

43. No Benefits for Third Parties. Unless specifically stated otherwise regarding officers, directors, shareholders, employees, and assigns of the AnythingGoes.app and its Affiliates, no intended third-party beneficiaries are recognized under the AnythingGoes.app Terms of Service.

44. Unclaimed Funds. Unclaimed Holding account deposited funds will be subject to escheatment in compliance with relevant legal requirements by the AnythingGoes.app.

45. Severability. Should any provision of the Transaction Online Transaction instruction terms be deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

46. Survival. All provisions within the Transaction Online Transaction instruction terms that pertain to actions or refraining from actions after the conclusion of the Online Transaction, as well as all rights and remedies that arise prior to termination, shall remain in effect post-termination. This explicitly encompasses, though is not restricted to, the Dispute Resolution provisions outlined in these Terms.

47. Headings. Headings are included solely for reference purposes and do not serve to define, limit, construe, or describe the scope or extent of the respective section.

48. Ongoing Agreement. As a registered User of the Site, every instance in which You seek the Online Transaction services signifies Your acceptance of these Terms. This agreement remains subject to amendments made at the AnythingGoes.app's sole discretion, demonstrating your acknowledgment, understanding, and approval of the current terms governing your use of the AnythingGoes.app platform.

49. Non-Waiver. The failure of the AnythingGoes.app to exercise or enforce any right or provision of the Transaction Online Transaction instruction terms shall not constitute a waiver of such right or provision unless explicitly agreed to by AnythingGoes.app in writing.

50. Force Majeure. If a Party's ability to fulfill its obligations under the AnythingGoes.app Terms of Service is hindered by circumstances beyond its reasonable control, including events like acts of nature such as earthquakes, hurricanes, tornadoes, floods, or other natural disasters, or instances of war, actions by foreign adversaries, acts of terrorism, labor disputes, strikes, governmental sanctions, blockades, embargoes, disruptions in electrical service or electronic and communication systems, or similar conditions, including epidemics, pandemics, or outbreaks of communicable diseases; quarantines; international, national, or regional emergencies; or any other causes, whether similar to those listed or not, that are beyond the Party's reasonable control ("Force Majeure Event"), the affected Party's performance shall be excused, and it shall promptly resume its obligations upon the cessation of the Force Majeure Event, while also providing notice of the circumstances and updates to all other Parties.

51. Incorporation by Reference. The provisions outlined in the AnythingGoes.app Site Terms of Use, the Transaction Detail Screens, Privacy Policy, and General Online Transaction instructions are hereby integrated by reference into these terms. The rights and obligations of the Parties are contingent upon compliance with these incorporated provisions.

52. Applicable Law and Jurisdiction; Choice of Forum.

  1. These Terms and all other components of the AnythingGoes.app Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Delaware, disregarding any choice or conflicts of law provisions of any jurisdiction.

  2. In any action pertaining to the enforcement or interpretation of the Transaction Online Transaction instruction terms, including actions involving the confirmation or annulment of an Arbitration award, the Parties shall submit to the personal jurisdiction of the courts of the State of Delaware and engage exclusively in litigation within the courts situated in Delaware. The Parties intend this choice of forum to be obligatory and not optional. Each Party hereby renounces any right to raise objections regarding venue or jurisdiction, or to assert the doctrine of forum non-convenience or any similar doctrine, in order to evade the exclusive forum selection.

53. Reimbursement of Attorneys’ Fees and Costs. In any formal legal action, lawsuit, or Arbitration initiated to enforce or otherwise pertaining to the Online Transaction or the Underlying Transaction, the Party prevailing in such action shall be entitled to recover its reasonable attorneys' fees and expenses from the Party that does not prevail. These fees and expenses shall encompass those incurred in Arbitration, trial court proceedings, appeals, mediations, bankruptcy proceedings, counterclaims to a lawsuit filed by the other Party, and proceedings related to determining the reasonable amounts of attorneys' fees and expenses. The Arbitrator shall be responsible for awarding reasonable attorneys' fees and expenses incurred during the Arbitration to the prevailing Party, to be borne by the Party that did not prevail. These attorneys' fees and expenses shall encompass the fees and expenses of the AnythingGoes.app's in-house counsel.

54. Inquiries Regarding the Services. You can inquire about payments made through the Online Transaction service by contacting the toll-free number displayed on the Site or by completing the customer service form. (https://www.AnythingGoes.app/ContactUs). If you suspect an error or unauthorized activity involving Your Account or the Online Transaction services, please promptly contact us by phone or email within forty-eight (48) hours of becoming aware of the situation. When reaching out to the AnythingGoes.app, kindly have your name, the AnythingGoes.app reference number, and the email address associated with your AnythingGoes.app account ready.

55. Domain Names Addendum. If the property intended for sale within the Underlying Transaction pertains to a domain name, the Terms encompass the stipulations outlined in Addendum 1 to these Terms.

56. Motor Vehicle Transactions Addendum. If the property to be transferred in the Underlying Transaction is a Motor Vehicle, the Terms incorporate the stipulations outlined in Addendum 3 to these Terms.

57. State or other Law Addendum. While one or more of the Underlying Parties might have citizenship or physical presence in a location, venue, or area outside of Delaware, all Underlying Parties acknowledge and agree that the Online Transaction and Online Transaction services are deemed to be conducted and situated in Delaware.

58. Electronic Signatures. In the context of the AnythingGoes.app Terms of Service, the term "electronic signature" refers to any electronic sound, symbol, or process that is attached to or logically linked with a record, and which is executed and adopted with the intention of signing that particular record. In particular, you acknowledge that an electronic signature encompasses actions such as typing your name, clicking a checkbox, or selecting a button labeled "I agree" (or similar wording). Moreover, you explicitly recognize that the electronic signatures integrated within these Terms are intended to validate the authenticity of the AnythingGoes.app Terms of Service and possess the same legal validity and impact as physical signatures, in accordance with, and to the maximum extent permitted by, the Uniform Electronic Transactions Act and all equivalent legislations.

59. Confirmation of Agreement by Parties to these Terms and Conditions. The acknowledgment of these Terms by each Party on the Site serves as the electronic signature and agreement of each Party to these Terms.

60. Agreement for Electronic Communications. You acknowledge and agree that the AnythingGoes.app may furnish all communications and documents to you electronically, as described in further detail below until you choose to revoke your consent as outlined in this section. This consent pertains to the Online Transaction services and encompasses various types of communications and documents (referred to collectively as "Communications"), including but not limited to: legal and regulatory disclosures, notifications, and correspondences associated with our services; this agreement along with any additional, supplementary, or modifying terms or agreements; privacy or data security notifications and policies; responses to your inquiries, grievances, claims, or any other form of communication; account statements and notifications; as well as any other written documentation, report, notice, or information necessitated by the AnythingGoes.app Terms of Service or relevant laws.

Despite your agreement to accept all Communications electronically, the AnythingGoes.app retains the authority to request that you submit Communications to the AnythingGoes.app in a paper format or another format determined solely at the discretion of the AnythingGoes.app.

The AnythingGoes.app retains the sole discretion to cease providing electronic Communications. In accordance with Applicable Law, the AnythingGoes.app will inform you of any such discontinuation. Furthermore, while the AnythingGoes.app is not obligated to do so, it reserves the right to furnish paper copies of Communications that you have consented to receive electronically.

Any electronic Communications provided by the AnythingGoes.app may be conveyed via email, the Site, a mobile app, or through mobile phone text messages if you have chosen to receive such messages.

To access and securely store electronic Communications, you need: (i) an Internet-connected computer, tablet, or mobile phone with the ability to run the latest supported version of Internet Explorer, Firefox, Safari, or Chrome; (ii) adequate electronic storage capacity on your device or cloud storage account to accommodate Communications; (iii) an active email address; and (iv) access to a printer. By agreeing to receive Communications electronically, you confirm that you possess the mentioned hardware and software, enabling you to receive and review electronic Communications effectively.

You acknowledge and consent that electronic Communications from the AnythingGoes.app to you will be deemed to be "in writing" for both the AnythingGoes.app Terms of Service and any other legal context. It is recommended that you download and/or print a copy of all Communications for your personal records.

You have the option to revoke your consent to receive Communications electronically at any time. Your withdrawal of consent will take effect once the AnythingGoes.app has received written notification of your decision and has been given a reasonable opportunity to address it. To initiate the withdrawal of your consent for electronic Communications, please contact us via email. It is important to note that any Communications provided electronically before your withdrawal of consent will retain their validity, enforceability, and legally binding status.

Nevertheless, you hereby acknowledge and consent that should you choose to revoke your agreement to receive Communications electronically, your access to and utilization of the Online Transaction services will be concluded.


Revised: October 5, 2023