Transaction Reversal and Your Liability. You are solely responsible for you and your end users’ payment activity initiated using the Dwolla Platform Services, including, without limitation, any fraudulent activity. Dwolla has no obligation to ensure that the funds required to complete a payment will be available. Any payment sent or received by you or your end users may: (a) be reversed in accordance with Dwolla or its Financial Institution Partners’ risk management policies, (b) be reversed in accordance with Applicable Law, including without limitation, by ACH return as defined under the Nacha Rules, (c) fail due to your error or end user error, (d) fail due to the provision of inaccurate information by you or your end user; or (e) be cancelled or rejected by an end user or the end user’s financial institution (each, a “Reversal”). Except for any Reversal made in error by Xxxxxx, you are liable to Dwolla and its Financial Institution Partners for any and all losses caused by Reversals and any other Customer Account activity, whether or not authorized by you or the end user, including unauthorized or erroneous activity initiated by you, your end users, or your Application, whether through misconduct, negligence, error, or otherwise. You authorize Dwolla and its Financial Institution Partners to recover any such amounts due to Dwolla and/or its Financial Institution Partners by debiting the available balance in your Dwolla account. If the available balance in your Dwolla account is insufficient, you authorize Dwolla and its Financial Institution Partners to take any of the following actions to recover the remaining amounts from you: (x) debit your Payment Account(s); (y) request immediate payment from you, and, if payment is not received timely, engage in collection efforts; and (z) pursue any rights or remedies available under any of your agreements with Dwolla for failure to pay amounts owed to Dwolla, including, without limitation, termination for non-payment. Dwolla may require that you provide a personal guaranty for any amounts owed under this Agreement. In the event that your Application has an unacceptable number or rate of Reversals, Dwolla reserves the right to immediately restrict or suspend your use of the Dwolla Platform Services, including by terminating this Agreement.
