Definitions of Fraudulent Activity

Clause: "For purposes of this Agreement, the term 'Fraud' or 'Fraudulent Activity' shall include, but is not limited to, the following acts: (a) the misrepresentation, concealment, or omission of material facts with the intent to deceive or gain an unfair advantage; (b) unauthorized access, use, or manipulation of user accounts, personal information, or systems; (c) any form of financial misrepresentation, including but not limited to credit card fraud, chargebacks, or payment disputes; (d) the fraudulent obtaining of products, services, or funds through deceptive practices or false representations. 'Fraud' also includes actions intended to circumvent or evade security measures, including hacking, phishing, or using false credentials. The Company reserves the right to determine, at its sole discretion, whether a particular act constitutes fraudulent activity."

User Responsibility and Affirmation

Clause: "The User represents and warrants that all information provided to the Company, including but not limited to personal, financial, and transactional data, is truthful, accurate, and complete. The User acknowledges and agrees that they will not engage in any fraudulent activities, including providing false or misleading information, engaging in deceptive practices, or using accounts or services to gain an unfair or unlawful benefit. The User further acknowledges that any violation of this Policy may result in the immediate suspension or termination of the User's account, legal action, and liability for damages. The User's continued use of the Company’s website or services constitutes the User’s affirmative consent to comply with this Fraud Prevention Policy and to be bound by its terms."

Investigation and Cooperation

Clause: "In the event that the Company suspects or identifies potential fraudulent activity, the Company shall have the right to initiate an investigation, including but not limited to reviewing transaction histories, account activities, and communications related to the User’s conduct. The User hereby agrees to cooperate fully and promptly with the Company’s investigation, providing any requested documentation, records, or information. Failure to cooperate or provide such information may result in the suspension of the User’s access to services or legal recourse under applicable laws. The Company further reserves the right to involve law enforcement or regulatory authorities in the investigation of fraudulent activities. The User’s refusal to cooperate may be deemed as an admission of fraud under this Agreement."

Consequences of Fraudulent Activity

Clause: "Upon the identification or reasonable suspicion of fraudulent activity, the Company may, at its sole discretion, impose one or more of the following actions: (a) suspension or permanent termination of the User’s account or access to the services; (b) immediate reporting of fraudulent activity to relevant law enforcement agencies, financial institutions, or third-party authorities; (c) initiation of civil legal proceedings against the User for breach of contract, fraudulent misrepresentation, or other related claims, including seeking damages, restitution, and recovery of any financial losses; (d) retention of any funds or balances in the User’s account as forfeiture in the event of fraud. The User agrees that any actions taken by the Company under this provision are consistent with the Company’s legal rights and remedies under applicable state, federal, or international law."

Indemnification

Clause: "The User agrees to indemnify, defend, and hold harmless [Company Name], its officers, directors, employees, agents, affiliates, contractors, and successors-in-interest (collectively, the 'Indemnified Parties') from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the User’s fraudulent conduct, violation of this Fraud Prevention Policy, or any breach of representations, warranties, or covenants contained herein. The User’s obligation to indemnify the Indemnified Parties shall survive the termination of this Agreement."

Limitation of Liability

Clause: "To the maximum extent permitted by applicable law, the Company’s total liability to the User for any and all claims arising out of or relating to fraudulent activities, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the User for the services or products directly related to the alleged fraudulent activity. Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, reputational harm, or business interruption, even if the Company has been advised of the possibility of such damages. The User acknowledges that the Company shall not be liable for any damages beyond the express monetary limits set forth herein."

Termination for Fraud

Clause: "The Company reserves the absolute right to immediately suspend, terminate, or restrict the User’s access to its website, services, or accounts, without prior notice, in the event that the Company determines, in its sole discretion, that the User has engaged in fraudulent activity or violated the terms of this Fraud Prevention Policy. Upon termination for fraud, the User shall forfeit any outstanding balances in their account and any rights to access services. The Company may pursue all available legal remedies, including seeking restitution or criminal prosecution, for any fraudulent activity or breach of this Agreement by the User."

Reporting Fraud

Clause: "The User is hereby required to immediately notify the Company in writing upon discovery of any fraudulent activity or suspicious conduct related to their account. Fraudulent activity should be reported to the Company via email at [[email protected]] or by calling [phone number]. Upon receipt of such notice, the Company will promptly investigate the matter in accordance with its fraud prevention procedures. The User’s failure to report fraudulent activity may result in the forfeiture of claims against the Company for losses arising from such activities."

Governing Law and Dispute Resolution

Clause: "This Fraud Prevention Policy and any disputes, claims, or controversies arising out of or relating to fraud shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws provisions. The parties hereby irrevocably consent to the exclusive jurisdiction of the courts located in [City, State], for any actions, suits, or proceedings arising out of this Agreement. Any dispute or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Institution] and conducted in [City, State]. Judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The parties further agree to bear their own costs and attorney fees related to any arbitration proceedings."

Force Majeure

Clause: "Neither party shall be liable for any failure or delay in the performance of its obligations under this Fraud Prevention Policy due to causes beyond its reasonable control, including but not limited to acts of God, government actions, natural disasters, pandemics, war, terrorism, strikes, labor disputes, or failures of third-party service providers. In the event of a force majeure event, the affected party shall be excused from performance for the duration of the event, and the parties shall cooperate in good faith to mitigate the impact of such an event on the performance of obligations under this Agreement."

Modification of Fraud Policy

Clause: "The Company reserves the right to amend, modify, or update this Fraud Prevention Policy at its sole discretion. Any amendments to this Policy will be effective immediately upon posting on the website or otherwise providing notice to the User. The User is responsible for reviewing this Policy periodically, and continued use of the Company’s website or services following the posting of any changes constitutes acceptance of those changes. The User’s failure to review this Policy shall not affect the User’s liability for fraud or non-compliance."