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| 0 | User Agreement | Venmo Venmo Legal Agreements Privacy Statement User Agreement Venmo Long Form Disclosure Licenses Consent Cookies Helpful Information Approved Business Account Addendum Mastercard Cardholder Agreement Venmo Mastercard Privacy Policy Cryptocurrency Terms & Conditions Open Source Attribution A new version of the User Agreement goes into effect on August 24, 2026. | 0 | User Agreement | Venmo Venmo Legal Agreements View all agreements Privacy Statement User Agreement Venmo Long Form Disclosure Licenses Consent Cookies Helpful Information Approved Business Account Addendum Venmo Mastercard Cardholder Agreement Venmo Mastercard Privacy Policy Venmo Cryptocurrency Terms and Conditions Open Source Attribution View all agreements Privacy Statement User Agreement Venmo Long Form Disclosure Licenses Consent Cookies Helpful Information Approved Business Account Addendum Venmo Mastercard Cardholder Agreement Venmo Mastercard Privacy Policy Venmo Cryptocurrency Terms and Conditions Open Source Attribution User Agreement Last Updated This user agreement is effective as of August 24, 2026. |
| 1 | That version of the User Agreement contains an updated arbitration provision and revised Venmo Stash terms. | 1 | Welcome to Venmo! |
| 2 | Click here to view the agreement that goes into effect on August 24. | — | Removed |
| 3 | DATE EFFECTIVE: May 19, 2026 User Agreement Welcome to Venmo! | — | Removed |
| 7 | The terms include an agreement to resolve disputes by arbitration on an individual basis. | 5 | The terms include an agreement to resolve most disputes by arbitration on an individual basis, a class action waiver, and a jury trial waiver. |
| 8 | You also agree to comply with the following additional policies and each of the other agreements posted on venmo.com/legal that apply to you: Privacy Statement Acceptable Use Policy Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent) We may revise this user agreement and any of the policies listed above from time to time. | 6 | In arbitration, there is less discovery and appellate review than in court. |
| 7 | You also acknowledge and agree to comply with the following additional policies and each of the other agreements posted on venmo.com/legal that apply to you: Privacy Statement Acceptable Use Policy Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent) We may revise this user agreement and any of the policies listed above from time to time. | ||
| 10 | If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. | 9 | If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days before they become effective. |
| 11 | We reserve the right to amend this agreement at any time without notice, subject to applicable law. | — | Removed |
| 13 | If you do not agree with any changes to this user agreement, you may close your account. | 11 | If you do not wish to be bound by any changes to this user agreement, you must close your account before they become effective. |
| 573 | Venmo Stash Rewards Programs Venmo operates two cashback programs (Limited Time Offers and Everyday Cashback on Merchant Bundles) that allow you to earn cashback rewards on qualifying purchases as described below. | 571 | Venmo Stash Rewards Programs Venmo Stash Rewards operates two cash back programs (Bundle cash back and Offers) that allow you to earn cash back rewards on qualifying purchases as described below. |
| 574 | By activating a Venmo Cashback Program offer, you agree to the terms in the associated section. | 572 | By using or enrolling in a Venmo Stash Rewards Program, you agree to these terms. |
| 575 | We reserve the right to suspend, update, or terminate these programs at any time in our discretion. | 573 | We reserve the right to suspend, update, or terminate these programs at any time at our discretion. |
| 577 | Limited Time Offers Limited Time Offers are time-limited cashback offers for specific participating merchants. | 575 | Bundle cash back Bundle cash back allows you and your Teen Users to earn cash back on purchases with a group of eligible merchants (collectively, “Bundle merchants”) when enrolled in the program. |
| 578 | The offers are redeemable only after activated within the Venmo app. | 576 | Certain cash back opportunities may require you or a Teen User to select, activate, or designate eligible Bundle merchants or preferences. |
| 577 | Eligibility criteria, Bundle merchants, and reward structures may change from time to time. | ||
| 578 | Eligibility: This program is available exclusively to Venmo customers with a personal account in good standing that enrolls in the program. | ||
| 579 | This program is also available to Teen Users with Teen Accounts in good standing that enroll in the program. | ||
| 580 | Personal accounts and Teen Accounts that enroll in the Bundle cash back program are referred to as “enrolled accounts” in this section. | ||
| 581 | We reserve the right to suspend or terminate any enrolled account’s ability to participate in our sole discretion. | ||
| 582 | Bundle cash back is not available for Venmo business profiles or charity profiles. | ||
| 583 | Qualification Criteria: Enrolled accounts are only eligible to receive cash back on valid transactions with Bundle merchants. | ||
| 584 | A Bundle merchant must be the merchant of record for a transaction to be eligible for cash back rewards. | ||
| 585 | If an enrolled account performs an in-store cash withdrawal or cash back transaction with the Bundle merchant, that portion of the transaction will be excluded from the amount eligible for cash back rewards. | ||
| 586 | Enrolled accounts will not receive cash back rewards for any items that are returned or for which the enrolled account receives a refund. | ||
| 587 | If an enrolled account returns all or part of the purchase or receives a refund on it, the cash back rewards will be reduced accordingly based on the new transaction amount. | ||
| 588 | If an enrolled account returns or otherwise receives a refund for which they have already received a cash back reward, we reserve the right to debit any related cash back rewards the enrolled account has already received or withhold future cash back rewards to offset that amount. | ||
| 589 | Cash back Tiers: Cash back is calculated at the rate applicable on the date the qualifying purchase is authorized, as set forth below and subject to the monthly reward cap (defined below): Tier 1 – 1% cash back: Enrolled accounts will earn 1% cash back on qualifying transactions made at Bundle merchants after enrollment in Bundle cash back. | ||
| 590 | Tier 2 – 2% cash back: Enrolled accounts will earn 2% cash back on qualifying transactions made at Bundle merchants if they spend at least $250 in a month with their Venmo account or their Venmo Debit Card (or Teen Card, for Teen Users) in Monthly Qualifying Spend (defined below). | ||
| 591 | Tier 3 – 5% cash back: Enrolled accounts will earn 5% cash back on transactions made at Bundle merchants if they spend at least $1,500 in a month with their Venmo account or their Venmo Debit Card (or Teen Card, for Teen Users) in Monthly Qualifying Spend (defined below). | ||
| 592 | Monthly Qualifying Spend is the total amount of eligible purchase transactions that are posted to your account during a calendar month that we determine in our discretion qualify for purposes of calculating your Cash back Tier. | ||
| 593 | Spend thresholds for Teen Accounts and the associated parent or guardian’s personal accounts are calculated separately for purposes of calculating Monthly Qualifying Spend. | ||
| 594 | Transactions that are refunded do not count towards Monthly Qualifying Spend. | ||
| 595 | Certain transactions are not eligible to count toward Monthly Qualifying Spend. | ||
| 596 | Ineligible transactions include, for example: Cash advances, ATM withdrawals, or cash-equivalent transactions; Gambling, betting, lottery, or gaming transactions; Wire transfers, money transfers, or peer-to-peer transfer transactions Purchases of cryptocurrency, money orders, foreign currency, or other quasi-cash instruments; and Transactions with banks, financial institutions, or other financial service providers identified as excluded transactions by the payment network. | ||
| 597 | Transaction eligibility is determined based on information provided by merchants and payment networks, including merchant category codes. | ||
| 598 | We do not control how merchants or transactions are classified and are not responsible for incorrect classifications. | ||
| 599 | We may modify the categories of ineligible transactions from time to time. | ||
| 600 | When the Monthly Qualifying Spend qualifies an enrolled account for a higher Cash back Tier, that enrolled account will receive the higher cash back rate for the remainder of the current month plus the following calendar month. | ||
| 601 | As an example, if you spend more than $250 with your Venmo account or Venmo Debit Card between January 1 and January 15, you will receive 2% cash back at Bundle merchants for the remainder of January and all of February. | ||
| 602 | If you do not spend at least $250 with your Venmo account or your Venmo Debit Card in the calendar month of February, beginning March 1, you will receive 1% cash back at Bundle merchants. | ||
| 603 | For purposes of this program, a calendar month begins at midnight Pacific Standard Time on the first day of a month. | ||
| 604 | Monthly Reward Cap: Total cash back earned within a month is subject to a $100 cap each month . | ||
| 605 | The monthly reward cap is calculated separately for a Teen Account and the associated parent or guardian’s personal account Once the monthly cap is reached, no additional cash back rewards will be earned until the first day of the next calendar month. | ||
| 606 | For purposes of this program, a calendar month begins at midnight Pacific Standard Time on the first day of a month. | ||
| 607 | Application of Rewards: Cash back earned with the Bundle cash back program will be credited to the Venmo personal account or Teen Account that made a valid Bundle cash back transaction with a Bundle merchant within 90 days of when an eligible purchase is complete. | ||
| 608 | Depending on merchant behavior, there may be a lag between when a transaction is authorized and when the transaction is complete (for example, frequently with rental cars and hotels). | ||
| 609 | An enrolled account must be in good standing on the date the cash back is applied to their Venmo account. | ||
| 610 | Unenrollment of Inactive Accounts: If an enrolled account is inactive, meaning the enrolled account has no transactions with a Bundle cash back merchant for three months or longer, we may unenroll that account from the program. | ||
| 611 | We will notify you before we unenroll your inactive personal account or Teen Account from the Bundle cash back program. | ||
| 612 | Offers Offers are time-limited cash back offers through Venmo Stash Rewards for specific participating merchants (“Offers”). | ||
| 613 | Offers are redeemable only after each Offer is activated within the Venmo app. | ||
| 582 | Program Enrollment and Offer Activation: All eligible users are automatically enrolled in this program. | 617 | Program Enrollment and Offer Activation: All eligible users to whom one or both of the Venmo Stash Rewards Programs are available are automatically enrolled in the Offers program. |
| 585 | Validity of Offers: Offers are only valid for transactions where the merchant listed in the offer is the merchant of record. | 620 | Validity of Offers: Offers are only valid for transactions where the merchant listed in the Offer is the merchant of record. |
| 586 | Each offer can be redeemed once activated and is subject to any supplementary specific terms and conditions associated with that offer. | 621 | Each Offer can be redeemed once activated and is subject to any supplementary specific terms and conditions associated with that Offer. |
| 587 | When you activate an offer, reward eligibility will only apply to the first transaction with that merchant following activation unless otherwise specified in the supplementary terms and conditions of the offer. | 622 | When you activate an Offer, reward eligibility will only apply to the first transaction with that merchant following activation unless otherwise specified in the supplementary terms and conditions of the Offer. |
| 588 | Terms and Conditions of Each Offer: Supplementary terms and conditions, such as minimum purchase amounts, cashback percentage or amount, maximum rewards, offer expiration date, and eligible payment methods, will be outlined in each offer in the Venmo app. | 623 | Terms and Conditions of Each Offer: Supplementary terms and conditions, such as minimum purchase amounts, cash back percentage or amount, maximum rewards, offer expiration date, and eligible payment methods, will be outlined in each Offer in the Venmo app. |
| 589 | Carefully review the terms and conditions of each offer before attempting to redeem an offer. | 624 | Carefully review the terms and conditions of each Offer before attempting to redeem an Offer. |
| 590 | If you perform an in-store cash withdrawal or cashback transaction with the merchant, that portion of the transaction will be excluded from the amount eligible for rewards. | 625 | If you perform an in-store cash withdrawal or cash back transaction with the merchant, that portion of the transaction will be excluded from the amount eligible for rewards. |
| 591 | You will not receive cashback rewards for any items that you return or for which you receive a full refund. | 626 | You will not receive cash back rewards for any items that you return or for which you receive a full refund. |
| 592 | If you return all or part of your purchase or receive a refund on it, the cashback rewards will be reduced accordingly based on the new transaction amount. | 627 | If you return all or part of your purchase or receive a refund on it, the cash back rewards will be reduced accordingly based on the new transaction amount. |
| 593 | If you return or otherwise receive a refund for which you have already received a cashback reward, we reserve the right to debit any related cashback rewards you have already received or withhold future cashback rewards to offset that amount. | 628 | If you return or otherwise receive a refund for which you have already received a cash back reward, we reserve the right to debit any related cash back rewards you have already received or withhold future cash back rewards to offset that amount. |
| 594 | Application of Rewards: Cashback rewards will be credited to the Venmo personal account or Teen Account that redeemed the offer within 90 days of when a qualifying purchase is complete. | 629 | Application of Rewards: Cash back rewards will be credited to the Venmo personal account or Teen Account that redeemed the Offer within 90 days of when a qualifying purchase is complete. |
| 597 | Everyday Cashback on Merchant Bundles Everyday Cashback on Merchant Bundles allows you to select a group of participating merchants (each group, a “Merchant Group”). | — | Removed |
| 598 | Subject to the terms below, after you make a Merchant Group selection, you will earn cashback on qualifying purchases from merchants within that Merchant Group until you unenroll, change Merchant Group selection, your participation is terminated, or we terminate the Merchant Group. | — | Removed |
| 599 | Eligibility: This program is available exclusively to Venmo customers with a personal account in good standing. | — | Removed |
| 600 | We reserve the right to suspend or terminate your ability to participate in our sole discretion. | — | Removed |
| 601 | Offers are not available for Venmo business profiles, Teen Accounts, or charity profiles. | — | Removed |
| 602 | Program Enrollment and Offer Activation: During Everyday Cashback enrollment, you may select one Merchant Group. | — | Removed |
| 603 | A Merchant Group consists of a group of individual merchants that we designate as eligible from time to time. | — | Removed |
| 604 | You may change your selected Merchant Group, but we may place limitations at our sole discretion on how frequently you may do so. | — | Removed |
| 605 | Qualification Criteria: Offers are only valid for transactions with a merchant in your selected Merchant Group completed with your Venmo Debit Card or completed using your Venmo account at an authorized merchant. | — | Removed |
| 606 | Merchant listed in the offer must be the merchant of record to qualify for cashback rewards. | — | Removed |
| 607 | If you perform an in-store cash withdrawal or cashback transaction with the merchant, that portion of the transaction will be excluded from the amount eligible for rewards. | — | Removed |
| 608 | You will not receive cashback rewards for any items that you return or for which you receive a full refund. | — | Removed |
| 609 | If you return all or part of your purchase or receive a refund on it, the cashback rewards will be reduced accordingly based on the new transaction amount. | — | Removed |
| 610 | If you return or otherwise receive a refund for which you have already received a cashback reward, we reserve the right to debit any related cashback rewards you have already received or withhold future cashback rewards to offset that amount. | — | Removed |
| 611 | Cashback Tiers: Cashback is calculated at the rate applicable on the date the qualifying purchase is authorized, as set forth below and subject to the monthly cap: Base Tier – 1% cashback: You will earn 1% cashback on transactions made at your selected Merchant Group after you enroll in Everyday Cashback and select a Merchant Group. | — | Removed |
| 612 | Reload Tier – 2% cashback: You will earn 2% cashback on transactions made at your selected Merchant Group if, in addition to enrollment, you enable our automatic reload feature , which adds funds to your Venmo balance whenever your balance falls below a threshold you specify. | — | Removed |
| 613 | The 2% rate remains in effect for so long as the automatic reload feature is enabled. | — | Removed |
| 614 | Direct Deposit Tier – 5% cashback: You will earn 5% cashback on transactions made at your selected Merchant Group if you receive at least $500 in cumulative Direct Deposits during any calendar month (“Direct Deposit Threshold”). | — | Removed |
| 615 | Once the Direct Deposit Threshold is met in a given month, the 5% tier applies to transactions authorized in the remainder of that month and the entirety of the following month. | — | Removed |
| 616 | Unless you also meet the Direct Deposit Threshold in that following month, the 5% tier will end on the last day of that following month. | — | Removed |
| 617 | If you qualify for more than one cashback tier above, we will apply the highest tier that you qualify for to the qualifying transaction. | — | Removed |
| 618 | Monthly Reward Cap: Total cashback earned within a month is subject to the cap that is displayed to you in the enrollment process. | — | Removed |
| 619 | Once the monthly cap is reached, no additional cashback rewards will be earned until the first day of the next calendar month. | — | Removed |
| 620 | For the purposes of this program, a calendar month begins at midnight Pacific Standard Time on the first day of a month. | — | Removed |
| 621 | Application of Rewards: Cashback rewards will be credited to the Venmo personal account that redeemed the offer within 90 days of when a qualifying purchase is complete. | — | Removed |
| 622 | Depending on merchant behavior, there may be a lag between when you authorize a transaction and when the transaction is complete (for example, frequently with rental cars and hotels). | — | Removed |
| 623 | Your account must be in good standing on the date the reward is applied to your Venmo account. | — | Removed |
| 940 | Agreement to Arbitrate You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the Venmo services or your Venmo account, including any linked Teen Account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. | 948 | Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver) Please read this Dispute Resolution section carefully. |
| 941 | Please read this information carefully. | 949 | It affects your legal rights. |
| 942 | Among other things it: Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury. | 950 | Among other things, it: Impacts how claims between you and us are resolved, including your and our agreement to resolve most disputes through individual arbitration (“Arbitration Agreement”) and to waive the right to trial by jury. |
| 943 | Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us. | 951 | Includes a class action waiver pursuant to which you and we agree to waive the right to bring or to participate in a class action lawsuit or to seek representative relief in arbitration or in court. |
| 944 | Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice. | 952 | Requires you and us to attempt to informally resolve claims before commencing arbitration or initiating an action in small claims court. |
| 945 | If you are a new user, the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. | 953 | Allows you to opt-out of the Arbitration Agreement by following the Opt-Out Procedure and sending us a written notice postmarked no later than 30 days after the date you accept the user agreement for the first time. |
| 954 | In this Dispute Resolution section, we use the term “PayPal” to refer to PayPal, Inc., our parent PayPal Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers, and suppliers. | ||
| 955 | Our affiliates include each entity that we control, we are controlled by or we are under common control with. | ||
| 947 | If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. | — | Removed |
| 949 | Physical Goods Agreement to Arbitrate Our Agreement You and PayPal each agree that any and all disputes or claims that have arisen or may arise between you and PayPal (including claims or disputes that arise out of or relate to the Venmo services or your Venmo account, including any linked Teen Account), including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration or in small claims court. | 958 | If we are unable to address your concerns to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. |
| 950 | You or PayPal may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. | 959 | Physical Goods Arbitration Agreement Binding Individual Arbitration You and PayPal each agree that any and all disputes or claims arising out of or relating to the user agreement, the Venmo services, your Venmo account (including any linked Teen Account), or your relationship with PayPal, whether based in contract, tort, fraud, misrepresentation or any other legal theory (“Dispute”), shall be resolved through final and binding arbitration, except that you or we may elect to have a Dispute heard in small claims court, so long as it proceeds individually and is not removed or appealed to a court of general jurisdiction. |
| 951 | This Agreement to Arbitrate is intended to be broadly interpreted. | 960 | Whether a Dispute falls within the jurisdictional limits of small claims court is for the appropriate small claims court to decide in the first instance, and for a court of competent jurisdiction to otherwise decide. |
| 952 | The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. | 961 | Notwithstanding the foregoing, Disputes arising from the violation or threatened violation of copyrights, trademarks, patents, or trade secrets will not be subject to arbitration or the “Mandatory Informal Dispute Resolution Process.” Dispute shall be interpreted broadly to the extent permitted under the Federal Arbitration Act (“FAA”), and shall include, but not be limited to any dispute or claim that: (1) arose before the existence of this or any prior user agreement and (2) may arise after termination of the user agreement. |
| 953 | Notice of Disputes and Settlement Discussion Before bringing any dispute or claim, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute . | 962 | The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues reserved for a court in the user agreement; (2) issues related to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury trial waiver, or any provisions of the Dispute Resolution section; (3) issues related to arbitrability; and (4) issues related to whether this or a different version of the user agreement applies to the Dispute. |
| 954 | You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. | 963 | You and we agree that the user agreement is a transaction in interstate commerce and that this Arbitration Agreement will be interpreted and enforced in accordance with the substantive and procedural provisions of the FAA and federal arbitration law (not state arbitration law). |
| 955 | PayPal will send any notice to you to the address we have on file associated with your Venmo account; it is your responsibility to keep your address up to date. | 964 | Mandatory Informal Dispute Resolution Process Before initiating arbitration or commencing a matter in small claims court, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute form. |
| 956 | To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form including but not limited to: your or PayPal’s signature, the email address and phone number associated with the customer’s Venmo account, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party. | 965 | You should send this Notice of Dispute to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. |
| 957 | If you and PayPal are unable to resolve the claims described in the notice within 45 days after the notice is received by you or PayPal, you or PayPal may commence an arbitration proceeding. | 966 | PayPal will send any Notice of Dispute to the address we have on file associated with your Venmo account; it is your responsibility to keep your address up to date. |
| 958 | A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org . | 967 | To be valid, the Notice of Dispute must contain all information called for in the form including but not limited to: your original handwritten signature or, for PayPal, the original handwritten signature of an authorized representative (and your or our counsel’s original handwritten signature, if represented); the email address and phone number associated with the customer’s Venmo account; a detailed description of the nature and basis of the claims that are being asserted; a statement of the specific relief sought with a good faith calculation for it; and any relevant documents and supporting information reasonably available to the claiming party. |
| 959 | The Notice of Dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally. | 968 | To safeguard your personal information, if you have retained an attorney to submit your Notice of Dispute, you also must provide written authorization, with your original handwritten signature, allowing us to discuss the Dispute and your account and to share your account records with your attorney. |
| 960 | Prohibition of Class and Representative Actions and Non-Individualized Relief You and PayPal agree that each of us 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. | 969 | We also may ask for verification of your identity and the fact that you authorized submission of the Notice of Dispute or disclosure of account information to your attorney. |
| 961 | Unless both you and PayPal 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. | 970 | You agree to cooperate promptly with any reasonable request for verification. |
| 962 | 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). | 971 | For a period of 60 days after receipt of a complete Notice of Dispute, you and PayPal agree to negotiate in good faith in an effort to informally resolve the Dispute. |
| 963 | Any relief awarded cannot affect other PayPal or Venmo customers. | 972 | The party receiving the Notice of Dispute may request a telephone or video settlement conference to aid in the resolution of the Dispute. |
| 964 | Arbitration Procedures Arbitration is more informal than a lawsuit in court. | 973 | If a conference is requested, you and a PayPal representative will personally attend (with counsel, if represented). |
| 965 | Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. | 974 | The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. |
| 966 | However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. | 975 | Completion of this Informal Dispute Resolution Process ("Process") is a condition precedent to initiating arbitration. |
| 967 | All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, and issues that this Agreement to Arbitrate indicates that a court can resolve. | 976 | If the sufficiency of a Notice of Dispute or compliance with this Process is at issue, such issue may be decided by a court of competent jurisdiction, and any arbitration shall be stayed. |
| 968 | Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). | 977 | The court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of the arbitration and the assessment or collection of fees. |
| 969 | For all claims, the Consumer Arbitration Rules in effect at the time the arbitration is commenced, as applicable, and as modified by this Agreement to Arbitrate, shall apply. | 978 | During any such court proceeding, the arbitration will be automatically stayed. |
| 970 | The AAA's rules are available at www.adr.org. | 979 | Nothing in this paragraph limits the right of a party to seek relief (including damages) for non-compliance in arbitration. |
| 971 | In the event that the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement to Arbitrate, another administrator will be selected by the parties or by the court. | 980 | All applicable limitations periods (including statutes of limitation) shall be tolled from the date of receipt of a Notice of Dispute through the conclusion of this Process or the date on which the party providing the Notice of Dispute withdraws or abandons the Dispute. |
| 972 | Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. | 981 | Arbitration Procedures The arbitration shall be administered by JAMS in accordance with the then-current JAMS rules, including the JAMS Streamlined Arbitration Rules & Procedures and any Mass Arbitration Procedures and Guidelines applicable to the Dispute (collectively, “JAMS Rules”), as modified by this Arbitration Agreement. |
| 973 | If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. | 982 | If JAMS is unable or unwilling to administer the arbitration consistent with this Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint one that will do so. |
| 974 | In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise. | 983 | The JAMS Rules are available at www.jamsadr.com . |
| 984 | An arbitration demand must be accompanied by a copy of the Notice of Dispute and a certification of compliance with the Process, and include the original handwritten signature of the party initiating arbitration (and counsel, if represented). | ||
| 985 | If you are submitting the arbitration demand, you shall send it to PayPal by certified mail at: PayPal, Inc., Attn: Legal Specialists, Re: Arbitration Demand, P.O. Box 45950, Omaha, NE 68145-0950 and follow the JAMS Rules for initiating arbitration. | ||
| 986 | If we are submitting the arbitration demand, we shall send any notice to you to the address we have on file associated with your Venmo account and follow the JAMS Rules for initiating arbitration. | ||
| 987 | By submitting an arbitration demand, the party and any counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). | ||
| 988 | The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 and the JAMS Rules on represented parties and their counsel. | ||
| 989 | The parties shall select a single, neutral arbitrator through a strike-and-rank process. | ||
| 990 | The arbitration will be conducted based solely on written submissions, unless either party requests an in-person, telephonic, or videoconference hearing and the arbitrator decides that such a hearing is warranted . | ||
| 991 | If an in-person arbitration hearing has been requested and deemed warranted by the arbitrator, it shall be held within 50 miles of the county or parish in which you reside or at another mutually agreed location. | ||
| 992 | You and a PayPal representative will personally appear at any hearing (with counsel, if represented). | ||
| 993 | The arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. | ||
| 994 | You and PayPal agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. | ||
| 995 | Further, unless you and PayPal agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. | ||
| 996 | If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. | ||
| 997 | Both parties have the right to file dispositive motions prior to any hearing. | ||
| 998 | The arbitrator shall follow and enforce the user agreement as a court would. | ||
| 976 | No court or arbitrator shall be bound by rulings in prior arbitrations involving different PayPal or Venmo customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal or Venmo customer to the extent required by applicable law. | 1000 | Any exchange of information ordered by the arbitrator shall be proportional to the needs of the case, take into account the amount in controversy and burdens to the parties, and be designed to be efficient and cost-effective, while ensuring a fundamentally fair process for both parties. |
| 977 | The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. | 1001 | Any submission containing AI-generated content must include a certification by the party (or counsel, if the party is represented) that they have personally verified the content's accuracy. |
| 978 | Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. | 1002 | The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. |
| 979 | If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. | 1003 | The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. |
| 980 | Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. | 1004 | An award shall have no preclusive effect in any other arbitration or proceeding involving non-identical parties. |
| 981 | If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. | 1005 | Costs of Arbitration Payment of arbitration fees will be governed by the JAMS Rules and fee schedule. |
| 982 | In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. | 1006 | You and PayPal agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. |
| 983 | Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. | 1007 | Therefore, you or PayPal may elect to engage with JAMS regarding the reduction or deferral of arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. |
| 984 | If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. | 1008 | Additional Procedures for Mass Arbitration You and PayPal agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) will apply if you choose to participate in a Mass Arbitration, as defined herein. |
| 985 | All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. | 1009 | If 25 or more similar Disputes (including yours) are asserted against PayPal by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. |
| 986 | Opt-Out Procedure You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice. | 1010 | The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated and conserve the parties’ and JAMS’s resources. |
| 987 | For new Venmo users, the opt-out notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. | 1011 | If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute is selected to proceed as part of the staged process set forth below or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. |
| 1012 | Stage One: In the first stage, if there are 50 Disputes or more, claimants’ counsel and PayPal will each select 25 Disputes to be filed as cases (50 cases total) in arbitration and resolved individually by different arbitrators selected through a strike-and-rank process. | ||
| 1013 | If there are fewer than 50 Disputes, all will be filed as cases in arbitration. | ||
| 1014 | In the meantime, no other Disputes may be filed or proceed in arbitration as cases, and JAMS will not assess or demand payment of fees for the remaining Disputes or cases, nor will JAMS administer them. | ||
| 1015 | The number of Disputes to be selected to proceed as filed cases in Stage One may be increased by agreement of counsel. | ||
| 1016 | If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. | ||
| 1017 | The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. | ||
| 1018 | After Stage One is completed, counsel for the parties shall engage in a global mediation and attempt to resolve all remaining Disputes, and PayPal will pay the mediator’s fee and consider in good faith the results of the Stage One Disputes when engaging in mediation. | ||
| 1019 | Stage Two: If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually by different arbitrators selected through a strike-and-rank process, followed by another global mediation consistent with the approach set forth above. in which PayPal will pay the mediator's fee. | ||
| 1020 | If your Dispute is not resolved as part of the process set forth above: Option One: You and PayPal may, separately or by agreement, opt out of arbitration and elect to have your Dispute heard in a court of competent jurisdiction consistent with the user agreement (including the remainder of the Dispute Resolution section). | ||
| 1021 | You may opt out of arbitration of this Dispute by sending us a written notice, with your original handwritten signature, that includes a clear statement that you wish to opt out of the arbitration of this Dispute within 30 days after the conclusion of the second mediation. | ||
| 1022 | PayPal may opt your Dispute out of arbitration by sending a notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt-out period. | ||
| 1023 | Counsel for the parties may agree to adjust these deadlines. | ||
| 1024 | Option Two: If neither you nor PayPal elect to have your Dispute heard in court consistent with Option One, then you agree that your Dispute will be resolved as part of continuing, staged individual arbitration proceedings as set forth above, with four differences. | ||
| 1025 | First, a total of 100 cases may be filed in each stage. | ||
| 1026 | Second, the cases will be randomly selected. | ||
| 1027 | Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. | ||
| 1028 | Fourth, mediation is optional at the election of counsel for the parties. | ||
| 1029 | You and PayPal agree that the parties (and counsel, if represented) will work together in good faith to implement the staged process set forth in this provision. | ||
| 1030 | Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase or decrease the number of cases in any stage or to address issues with a JAMS Process Administrator. | ||
| 1031 | A court of competent jurisdiction shall have the authority to enforce this provision, including by enjoining the mass filing, the prosecution or administration of arbitrations, and the assessment or collection of JAMS fees. | ||
| 1032 | The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this Arbitration Agreement. | ||
| 1033 | If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the user agreement (including the remainder of the Dispute Resolution section). | ||
| 1034 | Opt-Out Procedure You can choose to opt-out of the Arbitration Agreement by following the Opt-Out Procedure and sending us a written notice postmarked no later than 30 days after the date you accept the user agreement for the first time. | ||
| 989 | For your convenience, we are providing an opt-out notice form you must complete and mail to opt-out of this Agreement to Arbitrate. | 1036 | For your convenience, we are providing an opt-out notice form you must complete and mail to opt-out of this Arbitration Agreement. |
| 990 | You must complete this form by providing all the information it calls for, including your name, address, phone number, Venmo user name, and the email address(es) used to log in to the Venmo account(s) to which the opt-out applies. | 1037 | You must complete this form by providing all the information it calls for, including your name, address, phone number, Venmo username and the email address(es) used to log in to the Venmo account(s) to which the opt-out applies. |
| 992 | This procedure is the only way you can opt-out of the Agreement to Arbitrate. | 1039 | This procedure is the only way you can opt out of the Arbitration Agreement. |
| 993 | If you opt-out of this Agreement to Arbitrate, all other parts of the User Agreement will continue to apply. | 1040 | If you opt out of arbitration, all other parts of the user agreement (including the other provisions of the Dispute Resolution section, such as the class action waiver and jury trial waiver) will continue to apply. |
| 994 | Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. | 1041 | Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. |
| 995 | Future Amendments to this Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against PayPal or you prior to the effective date of the amendment. | 1042 | Superseding Arbitration Agreement You agree that any filed or pending arbitrations between you and PayPal will be subject to this Arbitration Agreement and not to any prior Agreement to Arbitrate you had with PayPal. |
| 996 | The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and PayPal. | 1043 | You further agree that notwithstanding any provision in any prior Agreement to Arbitrate to the contrary, this Arbitration Agreement replaces and supersedes any prior Agreement to Arbitrate you had with PayPal and will govern and apply to all Disputes, including all Disputes that arose before the effective date of this Arbitration Agreement. |
| 997 | We will notify you of amendments to this Agreement to Arbitrate by providing notice through email at least 21 days before the effective date of the amendments. | 1044 | If you do not wish to have this Arbitration Agreement apply to you and your Disputes, then you must close your PayPal account prior to the effective date. |
| 998 | If you do not agree to these amended terms, you may close your Venmo account within the 21-day period and you will not be bound by the amended terms. | 1045 | If you close your PayPal account prior to the effective date of this Arbitration Agreement, then any prior Agreement to Arbitrate between you and PayPal will apply to Disputes. |
| 1046 | Class Action Waiver and Jury Trial Waiver YOU AND PAYPAL AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. | ||
| 1047 | YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE EXTENT PERMITTED BY APPLICABLE LAW. | ||
| 1048 | NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE OR MASS SETTLEMENT OF CLAIMS. | ||
| 1049 | TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PAYPAL WAIVE THE RIGHT TO A JURY TRIAL. | ||
| 1075 | Governing law You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and PayPal regarding your or your Teen User’s use of the Venmo services. | 1126 | Governing Law and Venue You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and PayPal regarding your or your Teen User’s use of the Venmo services. |
| 1127 | Unless you and PayPal agree otherwise, to the extent permitted by law, the state and federal courts in New York County, New York will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Arbitration Agreement or any of its parts. | ||
| 1128 | You and PayPal consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. | ||
| 1129 | Severability and Survival Except as otherwise provided herein, if any provision of the user agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this user agreement and shall not affect the validity and enforceability of any remaining provisions. | ||
| 1130 | In addition to such other provisions that, by their terms, survive any termination or expiration of this user agreement, the following sections shall survive termination of this user agreement: (1) Indemnification; (2) Limitation of Liability; (3) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (4) Governing Law and Venue. | ||
| 1131 | Waiver and Entire Agreement The waiver of any provision of the user agreement shall not be considered a waiver of any other provision or of PayPal’s right to require strict observance of each of the terms herein. | ||
| 1132 | This user agreement constitutes the entire agreement between you and PayPal relating to use of your Venmo account and the Venmo services. | ||
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