Last revised on: October 23, 2014.
Your use of the Site is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this “Site Agreement”). If you do not agree to these terms and conditions, please do not use this site. This Site Agreement is in addition to any prior or subsequent terms or conditions included with any Payment Power, Inc (“PPI””we”,”us”, or “our”) agreement. PPI reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
THE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and PPI or PPI’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and PPI must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR PAYMENT POWER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, PPI will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) PPI also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
CHOICE OF LAW. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site, Apps, and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to PPI is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PPI’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
PPI IS NOT A FINANCIAL INSTITUTION AND IS NOT SPONSORED BY ANY FINANCIAL INSTITUTION. Without limiting the foregoing and for the avoidance of doubt, any opinions, advice, information, data, text, and other materials made accessible through our services is for informational purposes only.
Account Creation. In order to use certain Services, you must register for an account with PPI and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your PPI Account at any time, for any reason, by following the instructions on the Site. PPI may suspend or terminate your PPI Account in its sole discretion PPI reasonably determines that you have violated the terms of this Agreement.
Account Responsibilities. You are responsible for maintaining the confidentiality of your PPI Account login information and are fully responsible for all activities that occur under your PPI Account. You agree to immediately notify PPI of any unauthorized use, or suspected unauthorized use of your PPI Account or any other breach of security. PPI cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Disputes Between Buyers and Sellers: Disclaimer
If a dispute between you (as a buyer or seller) and another user, you release PPI (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction. We are not a selling agent in connection with any sale or purchase by you of goods and/or services. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of (a) any good or service that you may purchase or sell using the Service, or (b) any third party’s application that you may use to access the Service. We do not issue refunds if a product or service turns out to not meet your expectations, or if the seller does not fulfill its commitments; and we have no obligation to settle or mediate any disputes between users of the Service.
Your Rights. You may terminate this Agreement by closing your PPI Account at any time. Upon closure of a PPI Account, any pending transactions will be cancelled.
Suspension or Termination by Us. We may terminate this Agreement and close your PPI Account for any reason (or for no reason) at any time upon notice to you. Without limiting the foregoing, we may suspend the Service and access to your PPI Account if (a) you have violated the terms of this Agreement (including any Policy), (b) you pose an unacceptable credit or fraud risk to us, or (c) you provide false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct.
No Support or Maintenance. You acknowledge and agree that PPI will have no obligation to provide you with any support or maintenance in connection with the Site, Apps, or Services.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads.
Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an App from the Apple App Store.
Scope of License: The license granted to you for Apps is limited to a non-transferable license to use Apps on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: PPI is solely responsible for providing any maintenance and support services with respect to Apps, as specified in this Agreement (if any), or as required under applicable law. PPI and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Apps.
Warranty: PPI is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Apps to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PPI’s sole responsibility.
Product Claims: PPI and you acknowledge that PPI, not Apple, is responsible for addressing any claims of you or any third party relating to Apps or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PPI liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: PPI and you acknowledge that, in the event of any third party claim that Apps or your possession and use of Apps infringes that third party’s intellectual property rights, PPI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Apps.
Third Party Beneficiary: PPI and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Contact Information: Payment Power, Inc. Address: 2711 Centerville Rd. Suite 400 Wilmington, DE Email: email@example.com