Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website (https://www.padan.com/terms.html), by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. However, if you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and padan.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at eula at padan dot com.
What are the basics of using padan?
You may be required to download and install certain software to your mobile device or computer, and sign up for an account, and select a password and user name (“padan User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your padan User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including padan);
Violates any law or regulation, including any applicable export control and data privacy laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, graphically violent, pornographic, or otherwise objectionable;
Jeopardizes the security of your padan account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes, or attempt to post or transmit any information that constitutes a virus, bug, malicious code, or other harmful item;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. padan has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography.
What are my rights in padan?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, audio media, videos, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including padan’) rights.
You understand that padan owns the Services. As between you and padan, (or other company whose marks appear on or via the Services), padan (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Services, and is the copyright owner or licensee of the content and/or information on the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services (including any software) does not grant you a license to any content, features or materials you may access on the Services and you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), or create derivative works of such content, features or materials, in whole or in part, or otherwise exploit any of the Services. Any commercial use of Services (including any software) is strictly prohibited, except as allowed herein or otherwise approved by us. Nothing on any Services should be construed to grant any license or right to use any padan marks or logos without our prior written consent.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant consent to padan to communicate with me?
Contests and Sweepstakes
We sometimes run contests and sweepstakes on our Services. The official rules for any contest or sweepstakes will be published on the site where you may enter such contest or sweepstakes. Current contest and sweepstakes official rules can be found at [LINK]
Do I have to grant any licenses to padan or to other users?
For your User Submissions, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, you hereby grant padan a license to use, display, reproduce, distribute and otherwise exploit and act with respect to such User Submissions, in each case to make that User Submission accessible to all padan users and to enable us to operate the Services, as well as all other rights necessary to use and exercise all rights in that User Submission in connection with the Services and our business. Also, you grant all other users of the Services a license to access your User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.
Finally, you understand and agree that padan, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like padan, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Third Party Services:
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that padan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that padan is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release padan, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will padan ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does padan cost anything?
Many of our Services are currently free. We reserve the right to require payment of fees for certain or all Services. To the extent that certain of our Services may be subject to payments now or in the future (the “Paid Services”), the following terms apply:
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your padan account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If the Payment Processor identifies or we otherwise believe that your transaction may pose an unacceptable level of risk, that you have breached these Terms, or that your account has been compromised, we may take various actions to avoid liability and reduce potential fraud and disputes. The actions we may take (and we expressly reserve the right to take) include, but are not limited to, suspending or limiting your ability to purchase any Paid Services, refusing or rejecting your transaction, or blocking you from accessing or using some or part of the Services (especially for users with a record of fraudulent transactions, requesting refunds on multiple occasions without valid reasons, having caused chargebacks, or otherwise posing high risks). If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) through your padan account, and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your padan account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your billing account unless you have terminated your Paid Services by means of sending us an email to premium dot support at padan dot com.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to use the Paid Service.
Good standing: padan reserves the right to offer the premium subscription version of the Services (“Subscription Services”) to you only if you are a customer in good standing. padan reserves the right to refuse Subscription Services for any other reason including but not limited to a) your creditworthiness, b) you have purchased Subscription Services and cancelled them frequently in the past, or c) you have disputed payments for Subscription Services with your credit card company without pursuing the nominal cancellation process through premium dot support at padan.com.
Fees and Payments. You agree to pay the subscription fees and any other charges (including any applicable taxes) incurred in connection with using software and Services at the rates in effect when the charges were incurred. The subscription fees stated at the time of purchase will be charged to your credit card. As soon as padan has received full payment, your paid premium subscription will begin. padan will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription period or any renewal. Unless padan states in writing otherwise, all fees and charges are nonrefundable. padan may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, please respond to the subscription confirmation email to make changes. If you believe someone has accessed Services using Your user name and password without Your authorization, please contact premium dot support at padan dot com. You are responsible for any fees or charges incurred to access Services through an Internet access provider or other third-party service.
Auto-Renewal. Unless you opt out of auto-renewal, which can be done through your padan account any subscription services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your subscription services at any time, go to your padan account. If you terminate a subscription service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires.
Cancellation. For annual subscriptions, padan will contact you within a reasonable time before the expiry of your subscription term to give you the opportunity to cancel or opt out of the renewal of your subscription for a further year. If you fail to opt out, your subscription will automatically renew on the subscription expiry date, at the then current yearly subscription rate, and you will be charged accordingly, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. padan may cancel your subscription at any time by notifying you. You may cancel your subscription by contacting our Customer Support at premium dot support at padan dot com.
Refund. If you cancel a yearly subscription before 30 days after the subscription start date, you will generally be entitled a full refund for any reason. If you cancel a yearly subscription between 2 and 6 months after the subscription start date, you will generally be entitled to a pro rata refund for any unused months. No refund will be paid (and no cancellation fee will apply) in relation to month-to-month subscriptions, trial subscriptions, or yearly subscriptions cancelled after 6 months of the subscription start date.
What do I need to know about purchasing gift cards issued by third party merchants through padan?
padan may offer gift cards issued by third parties (“Merchants”) for purchase through the padan App Player (“Gift Cards”), to be used to redeem or in exchange for goods or services at such Merchants’ websites and/or places of business. Gift Cards are void where prohibited by law.
The Merchant, not padan, is the issuer of Gift Cards and the provider of such redeemable goods and services and is solely responsible for redeeming any Gift Card you purchase. Merchant is solely responsible for any and all damages, claims, losses, and costs suffered by you in connection with the redemption of any Gift Card, and for any unclaimed property liability arising from unredeemed Gift Cards or portions thereof.
The terms and conditions of redemption and any restrictions that apply to the use of each Gift Card (“Gift Card Terms”) may vary from Merchant to Merchant (which may include, without limitation, whether the Gift Card can be redeemed for alcoholic beverages, whether the Gift Card can be combined with other offers, whether a Gift Card can be redeemed incrementally or must be used all at once, whether the Gift Card has an expiration date, and whether the Gift Card is refundable). The Gift Card Terms will be noted on such Gift Cards or at the time of purchase. You can check some of the Gift Card Terms here https://play.google.com/intl/ALL_us/about/card-terms/, and https://play.google.com/intl/ALL_at/about/card-terms/ but please note that the Merchants may impose additional terms, conditions, and restrictions.
Your interactions with the Merchants, including the redemption and use of the Gift Cards and delivery of the goods or services, and any other terms, conditions, warranties or representations associated with the Gift Card and such dealings, are solely between you and such Merchants. You should make whatever investigation you feel necessary or appropriate before proceeding with any purchase of the Gift Cards issued by such Merchants. You agree that padan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. To the extent permitted by the applicable laws, padan does not issue any refund for Gift Cards of Merchants purchased through padan. For the avoidance of doubt, this doesn’t affect your right to refund (if any) granted to you by the applicable Merchant pursuant to the Gift Card Terms.
Some Gift Cards may carry expiration dates. These expiration dates indicate the last date you can use the Gift Card at a Merchant; however, applicable law may provide that the Merchant must refund the cash value you paid for the Gift Card (i.e., not the face value of the Gift Card) for a period of time beyond the stated expiration date. In the event that you have not redeemed a Gift Card in full by the stated expiration date, please contact the applicable Merchant. The Merchant will refund any amounts due to you under applicable law. The issuance of Merchant credit for unredeemed Gift Cards is at the sole discretion of the Merchant, unless otherwise required by applicable law; padan cannot grant you Merchant credit without the approval of Merchant.
In some situations, according to applicable law, Merchant may be responsible for allowing you to redeem your Gift Card for cash, taking into consideration the amount remaining on the Gift Card and the amount you actually paid for the Gift Card (i.e., not the face value of the Gift Card). The Merchant will refund any amounts due to you under applicable law.
Some Gift Cards may have statutory limits on the amount of the Gift Card that can be redeemed for alcoholic beverages. Compliance with statutes or codes is the responsibility of the Merchant, not padan. Such limitations may or may not be noted at the time of purchase.
padan is not responsible for lost, stolen, or the unauthorized use of a Gift Card. Reproduction, sale, or trade of a Gift Card is prohibited unless done in compliance with applicable law. Any attempted redemption of a Gift Card not consistent with these terms and the applicable Gift Card Terms is void.
What if I want to stop using padan?
padan is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. padan has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at premium dot support at padan dot com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
What else do I need to know?
Warranty Disclaimer. Neither padan nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from padan or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY padan (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL padan (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO padan IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold padan, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without padan’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California.
Term and Termination. Unless otherwise provided in a written agreement between you and padan, any licenses granted by padan to you in connection with your use of the Services is effective until terminated. Your rights under the license will terminate automatically without notice from padan if you fail to comply with any of these terms. Upon the termination, you shall cease all use of the Services (including any software) and destroy all copies, full or partial, of the software. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, any obligation you have to pay us or indemnify us, any terms regarding ownership or intellectual property and proprietary rights, warranty disclaimers, any limitations on our liability, and terms regarding disputes between us.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the padan may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of padan to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Any claim or cause of action you may have with respect to padan or any Services must be commenced within one (1) year after the claim or cause of action arose. You and padan agree that these Terms are the complete and exclusive statement of the mutual understanding between you and padan, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of padan, and you do not have any authority of any kind to bind padan in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and padan agree there are no third party beneficiaries intended under these Terms.
Contact Us. To contact us with any questions or concerns in connection with these Terms or to provide notice to us under these Terms please email us at eula at padan dot com.
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If your request is approved, you can expect the funds to hit your account within 30 days.