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<br />4.2 Investigations. BS&A is not obligated to intervene in any dispute arising between Customer and
<br />cardholders. Notwithstanding anything to the contrary herein, if BS&A needs to conduct an investigation
<br />or resolve any pending dispute related to chargebacks or Transactions, Customer will assist BS&A when
<br />requested, at Customer’s expense, to investigate such Transactions. Customer will timely submit all
<br />applicable information, documentation, or evidence related to such chargeback to BS&A, within the
<br />timeframe instructed by BS&A, necessary for BS&A to meet card network timelines for submitting
<br />evidence and responding to a chargeback. Customer authorizes BS&A to share information about a
<br />chargeback with the cardholder, the cardholder’s financial institution and Customer’s financial
<br />institution in order to investigate or mediate a chargeback. BS&A will request necessary information
<br />from Customer to contest the chargeback. If a chargeback dispute is not resolved in Customer’s favor by
<br />the card network or issuing bank or Customer chooses not to contest the chargeback, BS&A may recover
<br />the chargeback amount and any associated fees. Customer acknowledges that its failure to assist BS&A
<br />in a timely manner when investigating a Transaction, including providing necessary documentation
<br />within the time period specified in BS&A’s request, may result in an irreversible chargeback. BS&A will
<br />charge a fee as set forth in the applicable price schedule for mediating or investigating chargeback
<br />disputes, in addition to any other chargeback fees set forth in this Addendum or the Agreement, if
<br />applicable. BS&A reserves the right to change such fee at any time. If BS&A reasonably suspects that the
<br />Customer’s access to the BS&A platform or Payment Processing Services has been used for an
<br />unauthorized, illegal, or criminal purpose, Customer gives BS&A express authorization to (but
<br />understands that BS&A is not obligated to) share information about Customer and any Transactions with
<br />law enforcement.
<br />5. Liability
<br />5.1 Indemnification.
<br />5.1.1 In addition to the indemnification obligations under the Agreement, Customer will
<br />indemnify and hold harmless BS&A and its officers, affiliates, and representatives from and
<br />against any and all losses, damages, claims, assessments, chargebacks, fees, and other
<br />amounts incurred arising out of or in any way related to: (a) Customer’s breach of any of its
<br />representations, warranties or covenants in this Addendum; (b) the Stripe Agreements or
<br />Customer’s use of the Payment Processing Services, including all activity on Customer’s
<br />Stripe account; (c) Customer’s violation or non-compliance with any applicable law, rule,
<br />regulation, order, or Network Rules (including non-compliance of PCI-DSS); (d) all Merchant
<br />Losses (as defined in the Stripe Agreements); (e) Customer’s implementation of a
<br />Cardholder Fee Program; and (f) Customer’s gross negligence or willful misconduct.
<br />5.1.2 In addition to the indemnification obligations under the Agreement, BS&A will indemnify
<br />and hold harmless Customer and its officers, affiliates, and representatives from and against
<br />any and all losses, damages, claims, and other amounts incurred resulting from third party
<br />claims to the extent directly and solely arising out of: (a) BS&A’s breach of any of its
<br />representations, warranties or covenants in this Addendum; (b) BS&A’s violation or non-
<br />compliance with any applicable law, rule, regulation, or order; and (c) BS&A’s gross
<br />negligence or willful misconduct.
<br />5.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BS&A,
<br />ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO CUSTOMER OR ANY
<br />OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR EXEMPLARY
<br />DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY
<br />OTHER LEGAL THEORY, AND WHETHER OR NOT BS&A IS ADVISED OF THE POSSIBILITY OF SUCH
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