# General Terms of Service

> 2UniFi LLCs General Terms of Service    THIS DOCUMENT IS IN DRAFT FORM AND IS PROVIDED FOR TESTING PURPOSES ONLY    CONFIDENTIAL DO NOT DISTRIBUTE   EFFECTIV

Source: https://2unifi.kustomer.help/en_us/gen-t-cs-BJWzQ2ZZ1e

Last updated: 2026-02-06T15:27:56.187Z

**Last Updated:** February 6, 2026 

The agreement between you (“you,” “your,” or “yourself”) and 2UniFi, LLC ( “2UFi,” “we,” or “our”) is defined by (1) these 2UniFi, LLC’s General Terms of Service; (2) the terms for services or products you choose that we may offer to you and (3) the documents and policies incorporated or referenced herein (collectively “Terms”).  These Terms govern your use of and interactions with products, services or other offerings made by 2UFi through its website or the 2U mobile application (collectively the “2U Platform”).  **These Terms include an agreement to Arbitrate, as well as a jury trial waiver, and a class action waiver.**

**PLEASE READ THIS DOCUMENT CAREFULLY.**  

1.  **General Terms.** These Terms govern your access and use of the 2U Platform, including any content, functionality, products or services offered.  The 2U Platform is intended to be:
2.  Accessed by individuals who are at least 18 years old.   If you are under the age of 18, do not use the 2U Platform; 
3.  Accessed from the United States.  If you are not located in the United States, do not use the 2U Platform;
4.  Used for business purposes only and is not intended for any personal or household use; and
5.  Used by citizens and/or legal residents of the United States.

By electronically accepting these Terms or by establishing a 2UFi account, creating an User Name and Password on the 2U Platform (“Log In Credentials”), or using the 2U Platform after the effective date of the Terms, you consent and agree to comply with these Terms.  These Terms incorporate, and you are consenting to, the following disclosures:

*   2UFi’s Electronic Communications Agreement;
*   2UFi’s Privacy Policy; and
*   Any terms or conditions provided separately to you for products or services offered through the 2U Platform, including but not limited to any product or program terms, ordering, activation or promotion terms or data processing agreement.

2.  **Consent to Electronic Communications.** You confirm that you have reviewed 2UFi’s Electronic Communications Agreement and consent to accept electronic communications as described in it.  You understand that withdrawing consent to electronic signatures or electronic communications will result in termination of your access to the 2U Platform.

3.  **Acceptance and Modification of Terms.** When you agree to and accept these Terms, you do so on behalf of yourself (“User”) and any person that you entitle or authorize to use your 2UFi account (“Authorized User”), as well as on behalf of your Employee(s), Customer(s) and Vendor(s) to the extent provided in these Terms. You are responsible for getting all consent and authorizations needed to accept these Terms on behalf of another.

We reserve the right to modify these Terms at any time, in which case we will update the “Last Updated” date. The most current version of the Terms will be available on the 2U Platform at [http://policy.2ufi.com/terms-of-service](http://policy.2ufi.com/terms-of-service).   If we make material changes to the way we use information we collect, we will use commercially reasonable efforts to notify you. By continuing to use the 2U Platform after the date of any change to these Terms, you agree to the most recent version of these Terms. 

4.  **Eligibility to Use the 2U Platform.**   You represent and warrant that: (a) you and all Authorized Users associated with your account are at least 18 years of age; (b) you and all Authorized Users associated with your account are citizens or legal residents of the United States; (c) you are using the 2U Platform and products for business purposes; (d) your business operates solely in the United States; (d) you will comply with our **Acceptable Use Policy**, detailed below, in your use of the 2U Platform; (e) you have not been previously removed or terminated from the 2U Platform; and (f) you will provide any and all documentation as requested by us, including as needed to verify identify, creditworthiness or product eligibility.

5.  **Using the 2U Platform on Behalf of Another.** If you access or use the 2U Platform on behalf of another, whether a natural person (“Person”) or legal non-natural person or entity (“entity”) (collectively “Business Entity”), you attest that you are duly authorized and empowered by and for the Person or Business Entity to (1) agree to these Terms and (2) are empowered to use the 2U Platform on their behalf.

6.  **Service Providers.** We use external service providers (“Service Providers”) to provide or facilitate the 2U Platform. You understand and agree to the use of Service Providers to offer the 2U Platform, services and products to you.

7.  **2U Platform Account Management.** Each account opened on the 2U Platform must have at least one User with verifiable authority for and/or ownership interest in the Business Entity associated with the 2UFi Account.  A User or Authorized User can manage and control access to the 2U Platform Account and may invite and authorize other Users or Authorized Users to access, establish Log In Credentials and use the 2U Platform.  A User may also revoke access and authorization to access the 2UFi Account through the 2U Platform. 

8.  **Creation and Protection of Your Account.** To use the 2U Platform, you will be required to enroll as a User and provide us with information about yourself including, but not limited to your name, address, email address, mobile device number or other contact or identifying information about you, the Business Entity or another User or Authorized User, as appropriate.  You agree that the information you provide us will be accurate and that you will keep it up-to-date at all times.  You will be asked to create a strong password and provide a device on which to receive a multi-factor authentication coder, one-time password or similar authentication token of mechanism (collectively, “Log In Credentials”).  Upon receiving your Log In Credentials, you will be able to access the 2U Platform.   Creation of your Log In Credentials will indicate to 2UFi your acceptance of these Terms. 

9.  **Security of Log In Credentials.** If your Log In Credentials are lost or stolen or become known to another individual, you must notify 2UFi immediately. You are responsible for maintaining the confidentiality of your Log In Credentials and any breach of confidentiality shall promptly be reported to 2UFi. You may contact us immediately through the 2U Platform or at 844-988-2UFi (2834) to report such security breach. We reserve the right to prevent your access to the 2U Platform should we have reason to believe the confidentiality of your Log In Credentials has been compromised.

10.  **Commercially Reasonable Security Procedures.**  You acknowledge and agree that 2UFi’s security procedures are a commercially reasonable method of verifying your identity and providing security against unauthorized access to your 2U Platform Account.

11.  **Rights We Grant You.**   Subject to these Terms, 2UFi grants you a personal, limited, non-exclusive, non-assignable, non-transferrable and non-sub licensable licenses to access and use the 2U Platform, together with any updates, bug fixes, help content, and other related materials that 2UFi provides to you (collectively, the “Software”), solely for your own use as long as you are authorized to use the 2U Platform.  You acknowledge and agree that if you are in violation of these Terms, 2UFi may, in its sole discretion and without notice to you, immediately suspend or terminate your license and/or access to the 2U Platform.

12.  **Updates to the 2U Platform.**   We reserve the right, from time to time to update the 2U Platform and/or make new applications, tools, features, functionality, or products available, the use of which may be contingent upon your agreement to certain additional terms and/or service fees.  2UFi reserves the right to discontinue the 2U Platform, or certain applications, tools, features, functionality, services, or products available through  the 2U Platform, for any reason, at any time, in 2UFi’s sole discretions, without 2UFi incurring any liability to you.

13.  **Reservation of Rights by 2UFi.**  2UFi reserves and retains all rights in the 2U Platform not expressly granted to you in these Terms. Copyright, trade secret and other intellectual property laws protect the 2U Platform. 2UFi and its licensors, if any, own the title, copyright, and other worldwide intellectual property rights in the 2U Platform and all copies thereof.  

14.  **Trademarks and Copyrights.**   All trademarks, service marks, trade names, and related intellectual property rights in the 2U Platform are proprietary to 2UFi. The Terms do not give you any rights in 2UFi’s or its licensor’s intellectual property, including its trademarks or service marks.   Other featured words or symbols used on the 2U Platform to identify other parties' goods and services may be trademarks or service marks of those other parties.  

15.  **Acceptable Use Policy.** You agree to this Acceptable Use Policy (“AUP”) and any additional terms, conditions, rules or policies that we provide to you in connection with the 2U Platform.   You further agree that you are not a Prohibited User and will not use the 2U Platform in connection with Prohibited Activities and Business Types. 

1.  **Prohibited Users.** In addition to any eligibility requirements in the Terms, if any of the following apply to you, you are ineligible (or may become ineligible) to use the 2U Platform:
    *   You are seeking to use the 2U Platform in your individual capacity or do not represent or are not an agent of a distinct Business Entity.
    *   You are under the age of 18.
    *   You do not legally reside in the United States.
    *   Your Business Entity is not organized or licensed to do business in the United States.
    *   Your use of the 2U Platform may cause us not to be compliant with relevant laws, sponsor bank requirements, and policies.
    *   You are operating in a jurisdiction or identified as a sponsor of international terrorism, listed on any relevant sanctions list including but not limited to the U.S. Department of State’s Terrorist Exclusion List, Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List, or any list produced by the U.S. Department of Treasury. 
    *   You are a "public fund entity," which includes, but is not limited to, government agencies, public benefit entities, state or local government investment pools, pension or social security funds, or any other entity established by or controlled by a government or public authority for the purpose of managing, investing, or disbursing public funds.

2.  **Prohibited Activities and Business Types.** If you use the 2U Platform for the following prohibited activities, you are ineligible (or may become ineligible) to use the 2U Platform. For clarity, the following lists are not exhaustive and we may, at our sole discretion, modify them without notice:
    *   2UFi does not allow its services to be used to promote hate, violence, or other forms of intolerance that are discriminatory.
    *   2UFi does not allow practices that are inconsistent with intended use or otherwise prohibited by these Terms and this Agreement.

100.  **Compliance Monitoring; Violations of this Policy.** We will monitor your activities for potential violations of this AUP. Monitoring includes, but is not limited to, reviewing your accounts, as well as using third-party information or sources. We encourage you to contact us if you believe you may be in violation of this AUP. We reserve the right to take any corrective action (with or without notice to you) we deem necessary to mitigate our risk or ensure compliance with this AUP, including but not limited to suspending, restricting, or terminating your use of the 2U Platform and/or or subjecting you to applicable fines, assessment, expenses and fees. 

16.  **Authorized and Lawful Purposes Only.**   You agree that you will use the 2U Platform only as permitted by applicable law and exclusively for authorized purposes, consistent with these Terms.  You will not, and you will not allow any third party to:
    *   Access, monitor, or attempt to access or monitor any 2UFi materials, systems, programs, or data that are not available for your or public use, or in any way not expressly permitted under these Terms; 
    *   Intentionally distribute malware, viruses, worms, Trojan horses, corrupted files, spyware, adware, or other items of a destructive or deceptive nature through our 2U Platform;
    *   Perform any fraudulent activity, including but not limited to impersonating any Individual or Business Entity;
    *   Use or upload any harmful, obscene, abusive, or offensive language or images on the 2U Platform;
    *   Use or alter any intellectual property of 2UFi, except as permitted under these Terms; 
    *   Transfer or assign the rights granted to you under these Terms;  or
    *   Otherwise use the 2U Platform except as expressly allowed under these Terms,  and the terms and conditions associated with any service or product you may access through the 2U Platform.

17.  **Feedback.** If you provide any feedback to 2UFi concerning the functionality and performance of the 2U Platform, including identifying potential errors and improvements, you agree to assign to 2UFi all rights, title, and interest in and to such feedback, and 2UFi is free to use such feedback without payment or restriction.

18.  **Right to Contact You.**  As permitted by law, your use of and interaction with the 2U Platform provides your consent to receive informational calls, marketing calls and SMS messages from 2UFi at the telephone number(s) provided to us in connection with your 2UFi account, including by automated means.   We may place these calls or SMS messages for the purpose(s) consistent with these Terms and our Privacy Policy, including but not limited to providing multi-factor authentication or a one-time password; notifying you about your account status; notifying you about features functions and products; helping you with your 2UFi account or assisting you with a dispute.  You are responsible for communications, software or hardware devices provided by your third party provider for mobile services.

By opting in to SMS communications from 2UFi, you agree to provide explicit consent to receive SMS messages.  Message frequency may vary, and standard message and data rates may apply.  For additional information about our data collection and usage, please see our Privacy Policy.  We are not responsible for delayed or undelivered messages.  Carriers are not liable for any SMS-related issues.

19.  **Monitoring/Recording of Telephone Calls and Communications.**  You understand and agree that we may, without further notice or warning and in our sole discretion, where permitted by law, directly or through a Service Provider, monitor and/or record any telephone calls or other communications between you and our employees, contractors or agents for quality control and/or training purposes.  While your communications with 2UFi may be overheard, monitored or recorded, not all telephone lines or calls may be recorded by 2UFi, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

20.  **Anti-Money Laundering and Know Your Customer Requirements.** To help the U.S. government fight the funding of terrorism and money-laundering activities, federal and state law requires financial institutions, including money services businesses and banks that offer services through the 2U Platform, to obtain, verify, and record information that identifies every customer.  When you use the 2U Platform, we will ask you for your name, address, date of birth, your social security number (SSN) and/or Employer Identification Number (EIN) and other information that will allow us to identify you.  We may also ask to see other identifying documents, including but not limited to, you driver’s license and business related documents to show your existence as a legal entity.  We will let you know if additional information is required.

21.  **Verification Required.**   We reserve the right to refuse any User, Authorized User or Business Entity to use or participate in the 2U Platform if we are unable to obtain or verify information relating to identity or financial condition, such as identifying information for a Business Entity’s representatives or beneficial owners.  Notwithstanding any steps that we take to verify the information provided to us, you represent and warrant that all information you provide is complete, truthful, accurate, and up-to-date.  You also agree to provide updated information if the information you provided has changed.

22.  **User Data.**  If you upload, store, share or otherwise provide your documents, information, data, ad content (your “User Data”) or synchronize your User Data from your bank account or other third party to the 2U Platform, you consent to 2UFi’s access and processing of your User Data in accordance with our Privacy Policy, these Terms, the settings on your 2UFi account or the features of the 2U Platform that you use.   2UFi reserves the right to remove or delete your User Data from the 2U Platform for any reason, including if your User Data violates these Terms or applicable law, in 2UFi’s reasonable discretion, without incurring any liability to you.  

23.  **Our Access to Technical Data.**   You agree that 2UFi may collect, use and disclose to our Service Providers technical data and related information, including but not limited to information about your device(s), system and application software, peripherals, browsing history and interactions with the 2U Platform.   You understand that 2UFi may use deidentified data for analytics purposes.  Please see our Privacy Policy for more details on how we collect, use, share and protect your information.

24.  **Accuracy and Timeliness of Information.** We will use reasonable efforts to provide information requested through the 2U Platform in a prompt fashion, but shall not be liable for temporary failure to provide timely information. If the 2U Platform is unavailable, you shall be responsible for carrying out business through alternative channels. We shall not be liable for any inaccurate or incomplete information with respect to transactions that have not been completely processed or posted to the 2U Platform prior to being made available. Information we provide with respect to all activity and transactions on the 2U Platform is solely for your convenience, and we shall have no liability to you resulting from your use of such information.

25.  **Third Party Partners.**  Through the 2U Platform, you may access third-party websites, databases, networks, servers, information, programs systems, directories, applications or products or services offered through such third-party platforms (“Third-Party Partners”).   2UFi does not maintain control over Third-Party Partners, and is not responsible for their content, operation or use.  Third-Party Partners will have their own terms of use, licenses or privacy policies, and may have different practices and requirements from 2UFi.  

26.  **Synchronizing your 2UFi Account with Third-Party Accounts or Services.**  If you choose to synchronize your 2UFi Account with third-party accounts or services at other entities that you use, you agree that you are consenting to sharing such data with 2UFi and any such other entity in relation to the synchronization.  

27.  **Disclaimer of Warranties.** YOU ACKNOWLEDGE AND AGREE THAT ALL 2U PLATFORM SERVICES AND FEATURES, INCLUDING THOSE PROVIDED BY A THIRD PARTY PARTNER OR SERVICE PROVIDER, SUCH AS ANY THIRD PARTY SOFTWARE OR FEATURES MADE AVAILABLE TO YOU THROUGH THE 2U PLATFORM, INCLUDING ANY RELATED UPDATES OR UPGRADES, ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, INCLUDING ALL SERVICES AND FEATURES OFFERED BY US ON THE 2U PLATFORM.  WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  WE DO NOT WARRANT 2UFI’S SERVICES OR ACCOUNT FEATURES OR THE SERVICES OR FEATURES OF ANY THIRD-PARTY PARTNER, WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TO THE EXTENT THAT WE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.  EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES PROVIDED TO YOU BY A THIRD PARTY. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.

EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK. 

EXCEPT AS REQUIRED BY LAW, TO THE EXTENT WE ARE FOUND LIABLE, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIREC, OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES (INCLUDING COUNSEL AND THIRD PARTY FEES OR FINES) OR LOST PROFITS, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT AS REQUIRED BY LAW, TO THE EXTENT WE ARE FOUND LIABLE, OUR LIABILITY TO YOU FOR A CLAIM WILL NEVER EXCEED THE AMOUNT OF ACTUAL DAMAGES PROVEN BY YOU.  OUR LIABILITY MAY ALSO BE FURTHER REDUCED BY THE AMOUNT OF THE LOSS THAT IS CAUSED BY YOUR OWN NEGLIGENCE OR LACK OF CARE, AS WELL AS ANY RECOVERY OF THE LOSS YOU OBTAIN FROM THIRD PARTIES.

28.  **Indemnification.** Unless finally determined by a court or arbitrator of proper jurisdiction to have been caused exclusively by our gross negligence or intentional misconduct, you will indemnify, defend and hold us, our officers, associates and agents (the “Indemnified Parties”) harmless from any and all claims and costs merit arising in connection with products and services on the 2U Platform furnished under these Terms.  You further agree to defend, indemnify and hold the Indemnified Parties harmless from any and all claims and costs arising out of actions we take or omit in good faith in reliance upon instructions from you. You also agree to defend, indemnify and hold us harmless for failing to act on your instructions when we believe such actions would cause us to be exposed to civil or criminal liability. The limitations and exclusions in this paragraph apply to any and all Claims, without regard to the merit or lack thereof, arising out of, or related in any way to (a) the matters set forth herein, including any claims by any business or person related to your use of the 2U Platform; (b) breach of these Terms, including any warranties; (c) our taking any action or not taking any action that we are entitled to take, including actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed; (d) any action or omission by you or any Authorized User; (e) fraudulent activity or (f) our action or inaction in reliance upon oral, written or electronic instructions or information from you or any Authorized User.  

29.  **Choice of Law.**  For all actions relating to your use of the 2U Platform, these Terms will be governed by and will be construed in accordance with the laws of the United States and the State of Colorado, without regard to principles of conflicts of laws, except to the extent these Terms can and do vary from such laws. You agree that any dispute arising under these Terms or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Colorado and that you will be subject to such court’s jurisdiction.

30.  **Time Limits.** Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within one (1) year after the claim arises unless federal or Colorado law, or another agreement you have with us, provides for a shorter time. If federal or Colorado law requires a longer time period than the time periods in these Terms, you agree to the shortest time period permitted under the law.

31.  **Resolution of Disputes.**   BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.

As used in this Section, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to your 2UFi account or these Terms, including the validity, enforceability or scope of this Section or these Terms. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced. Solely for purposes of this Section, the terms "we,", "us" and "our," in addition to the meaning set forth in these Terms, also refer to the 2UFi's associates, officers, directors, parents, controlling persons, subsidiaries, affiliates, successors and assigns. "We," "us" and "our" also apply to third parties if you assert a Claim against such third parties in connection with a Claim you assert against us. If you or we request, any Claim will be determined by arbitration. We agree not to request arbitration for any Claim you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in such a court.

1.  **Informal Dispute Resolution.**   If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at to us by certified mail, return receipt requested, at 2UniFi, LLC, Attention: General Counsel, 7800 E. Orchard Road, Suite 300, Greenwood Village, CO 80111, and provide us with the opportunity to resolve your concern prior to initiating arbitration.

2.  **Arbitration.** Since these Terms touch and concern interstate commerce, an arbitration under these Terms will be conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of law provision in these Terms.  The arbitration, including selection of an arbitrator and the scope of discovery, will be conducted in accordance with the then-current rules for arbitration of financial services disputes of the American Arbitration Association (“AAA”).   You may write to AAA at 335 Madison Avenue, New York, NY, 10017, website at www.adr.org to obtain rules and forms to initiate arbitration.  The arbitrator(s) will honor statute of limitations and claims of privilege recognized under applicable law. In determining liability or awarding damages or other relief, the arbitrator(s) will follow the applicable substantive law, consistent with the United States Arbitration Act that would apply if the matter had been brought in court.  The arbitrator may award any damages or other relief or remedies permitted by applicable law. Any controversy concerning whether an issue is arbitral will be determined by the arbitrator(s).  The award of the arbitrator(s) will be in writing and include a statement of reasons for the award. The award will be final.  Judgment upon the award may be entered by any court having jurisdiction, and no challenge to entry of judgment upon the award will be entertained except as provided by Section 10 in the United States Arbitration Act or upon a finding of manifest injustice.  However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory  relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after entry of the award of the arbitrator(s), appeal the award to a three-arbitrator panel administered by the AAA.   The panel shall reconsider anew any aspect of the initial award requested by the appealing party.  The decision of the panel shall be by majority vote.  Reference in this arbitration provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.  Any final decision of the appeal panel is subject to judicial review only as provided under the United States Arbitration Act.

100.  **Individual Basis.**  If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated only on an individual basis (“Individual Basis”). There shall be no right or authority for any Claims to be arbitrated on a class action basis or on a basis involving Claims brought in a purported representative capacity on behalf of the general public, other 2UFi Account holders or other persons covered by these Terms or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF AAA, AS APPLICABLE. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.

500.  **Our Payment of Certain Filing Fees.** If we initiate arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

5.  **Notice and Cure; Special Payment.** Prior to initiating a Claim, you must give us a written notice describing the basis of your Claim and the amount you would accept in resolution of such Claim, and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim. Such a notice must be sent to us by certified mail, return receipt requested, at 2UnFi, LLC, Attention: General Counsel, 7800 E. Orchard Road, Suite 300, Greenwood Village, CO 80111. This is the sole and only method by which you can submit a notice.  We encourage you to address all Claims you have in a single notice and/or a single arbitration. 

6.  **Self-Help and Provisional Remedies.**  Our maintenance of an action for judicial relief or pursuit of a provisional and ancillary remedy shall not constitute a waiver of the right of any party, including us, to submit the Claim to arbitration if any other party contests such action for judicial relief. No provision of this section shall limit the right of any party the Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property, collateral or security, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during dependency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration.

7.  **Jurisdiction and Venue.** Any arbitration must be brought in Colorado, the state in which we are located, or in the state where the Business Entity associated with your 2UFi Account is registered.

8.  **Right to Reject Arbitration Provision.** You may reject this arbitration provision and therefore not be subject to being required to resolve any claim, dispute or controversy by arbitration. To reject this arbitration provision, you must send us written notice of your decision so that we receive it at the address listed below within forty-five (45) days of the effective date of these Terms or the opening of your 2UFi Account on the 2U Platform, whichever is later. Such notice must include a statement that you wish to reject the arbitration provision section herein along with your name, address, 2U Platform Account name and your signature and must be mailed to 2UniFi, LLC, Attention: General Counsel, 7800 E. Orchard Road, Suite 300, Greenwood Village, CO 80111. You can reject this arbitration provision by this sole and only method. Rejection of this arbitration provision will not affect any other terms herein and will not result in any adverse consequence to you or your account on the 2U Platform. You agree that our business records will be final and conclusive with respect to whether you rejected this arbitration provision in a timely and proper fashion. This arbitration provision will apply to you and us and to your account on the 2U Platform unless you reject it by providing proper and timely notice as stated herein.

1.  **Judicial Forum for Claims.** Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Colorado. Both you and 2UFi consent to venue and personal jurisdiction there. 

10.  **Waiver of the Right to Litigate.** THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.

11.  **Survival of Provision; Severability.** These arbitration provisions shall survive closing of your 2UFi Account by you or by us. If any portion of these provisions is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the AAA, it shall not invalidate the remaining portions of the arbitration provision or the Agreement. However, if the Individual Basis provisions are invalidated, then all arbitration provisions are deemed invalidated.

32.  **Notices.**  All notices required to be sent to you will be effective when we provide them to you through the 2U Platform or deliver them to your last known email or mailing address that we have for you in our records. Unless otherwise required by applicable law, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your email address as reflected in our then current records or posted in the 2U Platform.  You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to these Terms or any other disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages when they are posted in the 2U Platform for your access and review and/or sent to you at the email address you provided.  In addition, you agree that notice can be provided to and accepted by any Authorized User for your 2UFi Account. 

33.  **Accessibility Statement** We are committed to making the 2U Platform accessible to all Users, including those with disabilities. If you experience any difficulty accessing content or features, please contact us as detailed below. Your feedback is important and will help us improve accessibility for everyone.

34.  **How To Contact Us.** If you have questions about our Terms, please contact us at through the 2U Platform or by phone at 844-988-2UFi (2834).

35.  **Conflicts and Section Headings.**   If there is a conflict between these Terms and any other document or statement made to you concerning the 2U Platform, these Terms will govern. If there is a conflict between these Terms and any other document or statement made to you concerning any services or products other than the 2UFi Account on the 2U Platform Account, separate terms and conditions applicable to that service or product will govern. Section headings that appear herein are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of these Terms.

36.  **Entire Agreement; Unenforceability.**   You agree that these Terms and any other agreements or disclosures you may receive from us with respect to the 2U Platform, contain the entire statement of the terms and conditions, which apply to the subject matter hereof. In the event that any provision is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.