SERVICELIVE BUCKS AGREEMENT
BY REGISTERING FOR OR USING THE SERVICELIVE BUCKS PAYMENT SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PAYMENT SERVICE.
This USER Agreement (the "Agreement") IS an agreement BETWEEN you AND Integrated Payments Systems, Inc., a licensed seller of checks/money transmitter, ("we", "us", "our", OR "IPS") AND applies TO your USE of our payment processing service AND ANY related products AND services (collectively the "Payment Service") used IN CONNECTION WITH products AND services you buy OR provide through the ON-line marketplace ("ServiceLive Site") provided BY ServiceLive, Inc. ("ServiceLive"). Hereafter IN this Agreement, REFERENCES TO we, us, our OR IPS shall also mean our agents, including ServiceLive, AND IPS OR ServiceLive's affiliates. You must be a member of the ServiceLive Site (hereafter, a "Member") in order to use the Payment Service. As used in this Agreement, the terms "you" and "User" refers to both a Buyer User and a Provider User, as those terms are defined herein. Our Payment Service is a payment processing service that gives ServiceLive Members who qualify as a User hereunder the ability to purchase ServiceLive Bucks to pay for products and services ("Buyer Users") and/or receive ServiceLive Bucks in payment for products and services provided/performed ("Provider Users"), arranged through the ServiceLive Site. The Payment Service may only be used in connection with products provided within and services performed within the United States. The Payment Service may not be used by you to make payments outside the United States
This Agreement applies to your use of the Payment Service whether you are a Buyer User or a Provider User. This Agreement does not apply to your use of the ServiceLive Site generally or services provided or obtained thereunder, which are governed by your agreement with ServiceLive and/or any other Members with whom you choose to transact business. This Agreement explains our and your respective legal rights and obligations concerning all aspects of our relationship, including without limitation our maintenance of ServiceLive Bucks balances ("ServiceLive Bucks Balance" or "Balance"), your registered bank account and credit card or debit card issued by a financial institution and appropriately branded with a Visa, MasterCard, Discover or American Express logo ("Bank Card") information and Balance ("ServiceLive Wallet"), transaction limits and other restrictions, your consent to receive electronic notices, and our mutual agreement to exclusively use mandatory arbitration for the resolution of disputes. In addition to the terms of this Agreement, you agree to the terms of the policies, notices, procedures, guides and guidelines that are provided to you, appear on the Service Bucks web-pages ("Bucks Site") or are referenced in this Agreement.
We may amend this Agreement by delivering notice of the amendment to you through the ServiceLive Site, the Buck Site, through any email address you provide or to your last address as shown in our records. Unless necessary to protect system security, you will be given advance notice prior to any amendment taking effect which results in an increased fee or charge, an increase in your liability, or a reduction in our services. By maintaining a ServiceLive Bucks Balance and/or continued use of the Payment Service, you agree to any such changes or amendments. If you do not accept an amendment to this Agreement or feature of the Payment Service, your sole remedy is to contact us and terminate your ServiceLive Bucks Wallet. You are at all times responsible for reading and understanding each version of this Agreement
1.1 Eligibility. To use the Payment Service, you must (a) be an enrolled Member of the ServiceLive Site; (b) have an e-mail account, and (c) create a ServiceLive Bucks Balance with us by loading value to your ServiceLive Bucks Balance. You must provide complete and accurate registration information to our agent, ServiceLive and, if you are an individual, you must be at least 18 years old or, if you represent a business, you must be duly authorized to enter into this Agreement on behalf of the business. We treat all activities under a ServiceLive Wallet to be those of the registered user. We reserve the right to change our eligibility requirements and/or require additional information from you at any time. You must update registration information promptly upon any change. We reserve the right to refuse to provide or discontinue the Payment Service to any person or entity at any time for any reason.
1.2.1 Registration. Your ServiceLive Wallet is linked to your ServiceLive Account. The information in your ServiceLive Account will be used to complete the registration information for your ServiceLive Wallet. For purposes of this Agreement, a "ServiceLive Account" is any Member account that you have established with a website owned or controlled by ServiceLive.
1.2.2 Account Types. Two types of Payments Accounts are available through the Payment Service, Personal Accounts and Business Accounts. Personal Accounts are intended for use by individuals. Personal Accounts are eligible to (a) hold ServiceLive Bucks, (b) make payments to Providers using available ServiceLive Bucks, and (c) receive payments from Buyers. Business Accounts are intended for commercial and business use. A Business Account has the same features of a Personal Account.
1.3 Your Electronic Address. Your electronic address (e.g., e-mail address) that you provide to ServiceLive, and the password that you select on the ServiceLive Site, will be used to access the nonpublic portions of our Bucks Site and for communications with you (as further described in Section 12.1). During the ServiceLive registration, you will be prompted to select a username. Thereafter, you will be e-mailed a temporary password that will enable you to access the ServiceLive Site. You will be required to choose a personal identification number or password (PIN) that you will use to access to the ServiceLive Site and the Bucks Web-Pages, including accessing the Payment Service and authorizing transactions. You are solely responsible for maintaining the secrecy and security of your username and PIN and for any use of or action taken under your username or PIN with the Payment Service. You should not disclose your username or PIN to any third party (other than third parties authorized by you to use your ServiceLive Wallet). If your username or PIN is compromised, you must change your username and/or PIN immediately and notify us, through our agent, ServiceLive, immediately to avoid unauthorized use of your ServiceLive Bucks Balance.
2 Your ServiceLive Bucks Balance.
2.1 Our Responsibility. You may make payments to or accept payments from other Users using our Service. Except for our limited responsibility in processing payments that you authorize, initiate or accept, we are not involved in any underlying transaction between you and any ServiceLive Member. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of (a) any products or services that you may pay for or receive payment for using the Payment Service. Except for our express obligations under this Agreement, you are solely responsible for the transactions that you authorize in connection with the Payment Service.
2.2 Your Authorization. By agreeing to your registration for the Payment Service, you authorize ServiceLive, as our agent, to share with us any information ServiceLive may have as a result of your use of the ServiceLive Site (e.g., name, address, etc.), and you authorize us to hold, receive, and disburse funds on your behalf in accordance with your payment instructions (subject to the terms of this Agreement and our Policies), provided to us through our agent. ServiceLive, or otherwise. You acknowledge that (a) we are acting on your behalf solely to collect, administer and maintain funds as part of your ServiceLive Bucks Balance, (b) we may use the services of one or more third party, processors and/or financial institutions to provide the Payment Service and process your transactions (each a Processor), and (c) no partnership, joint venture, employee-employer, franchisee-franchiser, creditor-debtor, escrow, or other fiduciary relationship is intended or created by the establishment of the ServiceLive Wallet or this Agreement. Any time you send ServiceLive Bucks or receive ServiceLive Bucks you are doing so at your own risk. We are not your selling agent in connection with any sale by you of any products services to any person, and we have no liability for, or relationship to, the sale or purchase of any products services. We do not issue refunds if a product or service turns out to not meet your expectations, or if, in the case of a Buyer User, the Provider User does not fulfill its commitments; or in the case of a Provider User, the Buyer User does not fulfill its commitments; in these situations, you should seek recourse, if any, from the other participant in your underlying transaction (i.e., the Buyer User or Provider User).
2.3 Your ServiceLive Bucks Balance. You may hold ServiceLive Bucks that you load or receive from other Users in your ServiceLive Bucks Balance. When you carry a balance, your funds will be co-mingled and held with other Users' funds IN ONE OR more pooled accounts maintained BY us AT ONE OR more federally insured depository institutions ON your behalf AND FOR the benefit of you AND other users holding balances (EACH a Pooled Account). We have sole discretion over the establishment AND maintenance of ANY Pooled Account. We will hold the funds associated WITH your ServiceLive Bucks Balance separate FROM our corporate funds, will NOT USE your funds FOR our corporate purposes (including without limitation the granting of ANY SECURITY OR similar interest), will NOT voluntarily make funds available TO our creditors IN the event of bankruptcy OR FOR ANY other purpose, AND will NOT knowingly permit our creditors TO attach the funds. You will NOT receive interest OR ANY other earnings ON ANY funds that we handle FOR you. AS consideration FOR USING the Payment Service, you irrevocably assign TO us ALL rights AND legal interests TO ANY interest AND/OR other earnings that may accrue OR are attributable TO our holding of your ServiceLive Bucks Balance IN a Pooled Account.
2.4 Escheatment of Dormant Funds. IF there IS NO activity IN your ServiceLive Bucks Balance (including without limitation access OR payment transactions) FOR AT LEAST two (2) years OR more, AND you have a positive Balance, we will notify you AND give you the OPTION of keeping your ServiceLive Bucks Balance OPEN AND maintaining the funds OR withdrawing the funds. IF you DO NOT respond TO our notice WITHIN thirty (30) days, we will automatically CLOSE your ServiceLive Bucks Balance AND refund the dollar equivalent of your Service Bucks Balance TO you. IF we can NOT DO so, we may be required TO escheat your Balance TO your state of residency. IPS will determine your residency, AS it deems appropriate based upon the information it has. IF you would LIKE TO claim your funds FROM the state, please contact your state™s Unclaimed Property Administrator.
2.5 Acceptable USE of the Payment Service. You will AT ALL times adhere TO ALL applicable laws, rules, AND regulations applicable TO your USE of the Payment Service. Without limiting the foregoing, you may NOT act AS a payment intermediary, aggregator OR service bureau OR otherwise resell the Payment Service ON behalf of ANY third party, including without limitation the handling, processing, AND transmission of funds FOR ANY third party. We may inspect your ServiceLive Wallet FOR ANY reason, including without limitation TO investigate ANY alleged violation of this Agreement OR ANY third-party complaints. IN the event that we determine IN our sole AND reasonable discretion that your conduct OR actions (including without limitation your employees, IF applicable) are objectionable, unlawful, potentially infringing ON third party rights, OR otherwise IN violation of this Agreement, we may take ANY ACTION that we deem appropriate AND reasonable under the circumstance TO protect our systems, facilities, users, AND/OR third parties. Such corrective ACTION includes, but IS NOT limited TO: (a) issuing a warning; (b) immediately suspending OR terminating the Payment Service; AND (c) restricting OR prohibiting access TO your ServiceLive Wallet. SUBJECT TO applicable law, we may access, USE, AND disclose TRANSACTION information about your USE of our Service OR your ServiceLive Wallet (including without limitation ANY transfers TO your ServiceLive Bucks Balance) TO: (1) comply WITH the law (e.g., a lawful subpoena); (2) TO enforce OR apply our agreements WITH you; (3) initiate, render, bill, AND collect FOR our Service; (4) protect our rights OR property; OR (5) protect users of our Service FROM fraudulent, abusive, OR unlawful USE of our Service.
2.6 Liens, Garnishments and Other Notifications. If IPS is properly served with a notice of a lien, attachment or garnishment, whether received from the Internal Revenue Service, another governmental authority or a creditor, IPS is authorized, without notice to you (except as required by law), to hold and release funds in its possession to the court or other creditor as directed by the legal process. This authorization will apply to the funds of a Buyer, User and/or a Provider User. We will have no liability for taking such action, which may result in other items going unpaid.
3 Your Transactions
3.1 Authorization. You authorize us TO debit your ServiceLive Bucks Balance TO PROCESS payment transactions that you authorize AND collect ANY fees OR amounts that may be owed under this Agreement. IN the event there IS an error IN the processing of ANY TRANSACTION, you authorize us TO initiate debit OR credit entries TO your ServiceLive Bucks Balance OR Bank Account, AS applicable, TO correct such error, provided that ANY such correction IS made IN accordance WITH applicable laws AND regulations. IF we are unable TO debit the Bank Account you SELECT FOR ANY reason, you authorize us TO resubmit the debit, plus ANY applicable fees, TO ANY other Bank Account OR payment instrument that you have ON FILE WITH us (OR, IN the CASE of ANY fees that are owed under this Agreement, TO deduct such amounts FROM your ServiceLive Bucks Balance OR Bank Account OR charge ANY payment instrument IN you ServiceLive Wallet). Your authorizations will remain IN FULL FORCE AND effect WHILE you maintain your ServiceLive Bucks Balance WITH us AND FOR ANY Bank Account listed IN your ServiceLive Wallet.
3.2 Funding Sources.
3.2.1 ACH Debit Transactions. You may fund your ServiceLive Bucks Balance electronically BY transferring money FROM your valid checking, savings OR other ACH-enabled bank account AT a financial institution IN the United States (your Bank Account). Funds transfers FROM your Bank Account usually take three TO four business days TO complete. You may be charged a RETURN fee FOR ANY ACH debit transfer request that IS rejected BY the holding financial institution FOR ANY reason (a RETURN Fee), including without limitation rejections caused BY insufficient funds IN your Bank Account, closure of your Bank Account, OR IF the Bank Account number OR other information you provided IS incorrect. Applicable RETURN Fees may vary based ON the jurisdiction IN which you are located. Your location IS determined BY the address that IS associated WITH your ServiceLive Wallet. We DO NOT accept cash, checks, money orders, OR wire transfers.
3.2.1 Bank Card Transactions. You may USE Bank Cards registered IN your ServiceLive Wallet TO fund your ServiceLive Bucks Balance. IN such a CASE, our agent, ServiceLive, will be the merchant that appears ON your Bank Card statement. You may NOT USE gift cards OR other prepaid cards TO fund your ServiceLive Bucks Balance.
3.3 Payment PRIVILEGES
3.3.1 TRANSACTION Limits. Our agent, ServiceLive, may establish limits ON a USER's ability to, on a self-service basis, transfer their Balance to their Bank Card or bank account, from time to time. You will be notified through the Buck Site of any such limitations. You may manually direct that your entire Balance (without regard to the foregoing limits) be transferred to your applicable bank account or Bank Card at any time. We may require additional information from you to verify your identify in connection with such a manual transaction. In addition to any stated transaction limit, we may delay, suspend or reject a transaction if we suspect the transaction is unauthorized, fraudulent, suspicious or otherwise unusual based on prior transaction activity and application of our internal fraud controls.
3.3.2 Sending and Receiving Funds. You may initiate payment to any Provider that has provided a product or performed a service for you (which may include ServiceLive). The payment will not be released to a Provider until you have authorized the payment. We are not liable to any person for any damages associated with any unaccepted payment.
3.3.3 Refunds. You may request a refund of your ServiceLive Bucks Balance, or a portion thereof; but only to the extent that you, or someone using your PIN, has not authorized the transfer of such ServceLive Bucks to another User. If you used your Bank Account to fund your ServiceLive Bucks Balance, the refund will be made to your Bank Account via an ACH credit to your Bank Account. If you used a Bank Card to fund your ServiceLive Bucks Balance, the refund will be made to that Bank Card. If we can not refund such monies to the applicable Bank Account or Bank Card, you will need to contact us, through our agent, ServiceLive, to make other arrangements.
3.4 Availability of Funds. Funds for any given transaction will not be available until the transaction is deemed complete. As applicable, transactions will be deemed complete when we have received or sent the funds. Each time a Buyer posts a service order through the ServiceLive Site, the spend limit set forth in such service order, shall be held and shall not be available for use in any future transaction until such service order is completed or cancelled; provided that a Buyer User may request a refund of all of its ServiceLive Bucks at any time; in which case all open service orders on the ServiceLive Site will be cancelled. In addition to restrictions that may already apply to your ServiceLive Bucks Balance, we may restrict transactions to or from your ServiceLive Bucks Balance or limit access to funds in your ServiceLive Bucks Balance in such amounts and for such time as we reasonably deem necessary to protect us or other users if: (a) we are subject to financial risk, (b) you have violated any term of this Agreement, (c) any dispute exists involving your ServiceLive Bucks Balance or transaction to which you are a party, (d) needed to protect the security of our systems; or (e) ServiceLive directs us to limit your access. We may restrict access to funds in your ServiceLive Bucks Balance for the greater of (1) the time that it takes for us to complete any pending investigation or resolve a pending dispute or (2) 180 days. We also may hold your funds as required by law or court order or if otherwise requested by law enforcement or any governmental entity.
3.5 Receipts; Electronic Account History. When you purchase ServiceLive Bucks, you will be provided a receipt which you should retain for your records. You may access your electronic transaction history and ServiceLive Bucks Balance by logging into the Bucks Site through the ServiceLive Site at any time.
3.6.1 Buyer Disputes. A Buyer may elect not to complete a Service Order Completion Form to dispute all or a portion of the agreed upon charges under a Service Order. IPS cannot compel a Buyer User to make a payment to a Provider User. Provider Users agree to look solely to the other Member with whom they have transacted business and not to IPS.
3.6.2 Errors and Unauthorized Transactions. You can inspect your transaction history at any time by logging into the Bucks Site through the ServiceLive Site. It is very important that you immediately notify IPS, through our agent, ServiceLive, if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction from your ServiceLive Bucks Balance; (ii) there has been an unauthorized access to your ServiceLive Wallet; (iii) your password has been compromised; (iv) someone has transferred or may transfer funds from your ServiceLive Bucks Balance without your permission (collectively called Improper Account Access).
3.6.3 Review of Reports of Errors and/or Unauthorized Transactions. We will advise you of the results of our investigation within 10 Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 Days to investigate your complaint or question. If we decide to do this, and your inquiry or complaint involves any amounts in question relating to your ServiceLive Bucks Wallet, we may, but we are not required to, provisionally credit your ServiceLive Bucks Balance for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not grant provisional credit of the disputed amount. At the end of our investigation, we will advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error. You may ask for copies of the documents that we used in our investigation.
3.6.4 Liability for Unauthorized Transactions. If you report and we verify that there has been an Improper Account Access related to your ServiceLive Bucks Wallet, we may reimburse you for unauthorized transactions sent from your ServiceLive Bucks Balance that occur within 60 Days of the time that you knew or should have known about the Improper Account Access; provided that such access did not involve the use of your PIN. If you do not report the Improper Account Access to IPS within 60 Days of the time that you knew or should have known about it, we may still reimburse you for unauthorized transactions that took place within or before that 60-Day period, but you will be liable for all unauthorized transactions resulting from the Improper Account Access that occur on Day 61 and beyond.
3.6.7 Errors. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, IPS will credit your ServiceLive Bucks Balance for the difference. If the error results in you receiving more money than you were entitled to, IPS may debit the extra funds from your ServiceLive Bucks Balance or your Bank Account or charge a Bank Card now or hereafter in your ServiceLive Wallet. Subject to Section 3.4 and Section 6.2, if the error resulted in our not completing a transaction on time or in the correct amount, we will only be liable for completing the transaction and not for any losses or damages caused by such failure.
4 Provider Transaction Reversals and Chargebacks
4.1 Your Liability. The amount of a transaction may be charged back or reversed to your ServiceLive Bucks Balance (a Chargeback) if: (a) the transaction was not authorized or we have any reason to believe that the transaction was not authorized, (b) you do not have sufficient funds for such transaction, (c) you agree to such Chargeback, or (d) the transaction is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
4.2 Collection Rights. We may deduct the amount of any Chargeback and any associated Fees, fines, or penalties from your ServiceLive Bucks Balance, any proceeds due to you, your Bank Account or charge a Bank Card now or hereafter in your ServiceLive Wallet. If you have pending Chargebacks, we may block withdrawals or outgoing payments made from your ServiceLive Bucks Balance. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction submitted by or authorized by you or on your behalf, we may withhold from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a member™s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the user may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to collect the Chargeback, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys™ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all account deficit balances unpaid by you.
4.3 Excessive Chargebacks. If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your ServiceLive Bucks Balance, including without limitation, by (a) establishing new processing fees, (b) creating a reserve account in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) limiting transaction privileges, and (d) terminating or suspending the Payment Service.
5 Payment Terms
5.1 Our Fees. You agree to pay the applicable fees stated herein or posted on the Bucks Site from time to time (Fees), whenever you use our Service. ServiceLive may charge you fees in connection with ServiceLive Site (e.g., posting fees, transaction fees, etc.) and you agree that IPS shall have no responsibility or liability in connection therewith. Subject to the terms of this Agreement, we reserve the right to change our Fees. All ServiceLive Bucks, Balances and all fees, charges, and payments collected or paid through the Payment Service are denominated in the equivalent of U.S. currency.
5.2 Our Set-off Rights. To the extent permitted by law, we may set off against the Balances, debit your Bank Account or charge a Bank Card now or hereafter in your ServiceLive Wallet for any obligation you owe us under this Agreement, including without limitation any Chargebacks. All Fees may be charged at the time we process a transaction and may be deducted from the transferred or collected funds and/or from the Balance in your ServiceLive Bucks Balance. If you owe us an amount that exceeds your ServiceLive Bucks Balance, we may debit or charge a Bank Account or Bank Card now or hereafter in your ServiceLive Wallet. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount collected, including without limitation attorneys' fees, court costs, collection agency fees, AND ANY applicable interest.
5.3 Taxes. You are responsible FOR determining ANY AND ALL taxes AND duties, including without limitation, sales, USE, transfer, VALUE added, withholding, AND other taxes AND/OR duties assessed, incurred, OR required TO be collected, paid, OR withheld FOR ANY reason IN CONNECTION WITH ANY request FOR OR performance of the Payment Service, your USE of the Bucks Site, the sale OR purchase of ANY services FOR a TRANSACTION, OR otherwise IN CONNECTION WITH ANY ACTION, inaction, OR omission BY you OR ANY affiliate of yours, OR ANY of your OR their respective employees, agents, contractors, OR representatives (Taxes). You also are responsible FOR collecting, withholding, reporting, AND remitting correct Taxes TO the appropriate tax authority. We are NOT obligated TO determine whether Taxes apply AND are NOT responsible FOR collecting, reporting, OR remitting ANY Taxes arising FROM ANY transaction.
6.1 Your Rights. You may terminate this Agreement BY closing your ServiceLive Bucks Balance AT ANY time. Upon closure of a ServiceLive Bucks Balance ANY pending transactions AND ANY service ORDER ON the ServiceLive Site will be cancelled. ANY funds that we are holding IN custody FOR you AT the TIME of closure, LESS ANY applicable Fees, may be refunded AS described IN Section 3.3.3. IF an investigation IS pending AT the TIME you CLOSE your ServiceLive Bucks Balance, we may hold your funds AS described further IN Section 3.4. IF you are later determined TO be entitled TO SOME OR ALL of the funds IN dispute, we will RELEASE those funds TO you. You will remain liable FOR ALL obligations related TO your ServiceLive Bucks Balance even AFTER it IS closed.
6.2 Suspension OR Termination BY Us. We may SUSPEND OR terminate the Payment Service, FOR ANY reason AT ANY TIME without prior notice TO you. Termination of the Payment Service will result IN the closure of your ServiceLive Bucks Balance AND termination of this Agreement. Without limiting the foregoing, we may SUSPEND the Payment Service AND access TO your ServiceLive Wallet (including without limitation the funds IN your ServiceLive Bucks Balance) IF (a) you have violated the terms of this Agreement, (b) ANY transactions IN your ServiceLive Bucks Balance are deemed TO be suspicious, fraudulent, OR unlawful, (c) you pose an unacceptable credit OR fraud risk TO us, (d) you provide FALSE, incomplete, inaccurate, OR misleading information (including without limitation ANY registration information) OR otherwise engage IN fraudulent OR illegal conduct, OR (e) we are unable TO verify information that you provide TO us OR that we obtain FROM third parties. We will NOT be liable TO you OR ANY third-party FOR ANY termination OR suspension of the Payment Service OR access TO your ServiceLive Bucks Balance.
6.3 Effect of Termination. We will NOT be liable TO you FOR compensation, reimbursement, OR damages ON account of the loss of actual OR prospective profits, actual OR anticipated sales, goodwill, OR ON account of expenditures, investments, OR commitments IN CONNECTION WITH your USE of the Payment Service, OR FOR ANY termination OR suspension of the Payment Service. ANY termination of this Agreement does NOT relieve you of ANY obligations TO pay ANY Fees OR costs accrued prior TO the termination AND ANY other amounts owed BY you TO us AS provided IN this Agreement. IN addition TO ANY provision that IS reasonably necessary TO accomplish OR enforce the purpose of this Agreement, the following sections of this Agreement survive AND remain IN effect IN accordance WITH their terms upon the termination of this Agreement: 3.4, 5.2, 5.3, 6.3, AND 7 through 11.
7.1 Our Policy. The collection, USE, AND disclosure of information associated WITH your USE of the Payment Service are disclosed IN the IPS Privacy Notice. You should review our Privacy Notice TO understand how we handle personal information associated WITH your ServiceLive Wallet. [INSERT Link]
7.2 Limits ON Your USE of Information. IN CONNECTION WITH the Payment Service, you agree NOT TO ask FOR OR REQUIRE ANY other USER TO provide OR receive ANY credit card, debit card, bank account, OR other information related TO a payment instrument.
8 Representations AND Warranties
8.1 BY You.
8.1.1 Buyer Users. You represent AND warrant TO us that: (a) you are eligible TO register AND USE the Payment Service AND have the RIGHT, POWER, AND ability TO enter INTO AND perform under this Agreement; (b) the NAME IDENTIFIED BY you WHEN you registered IS your NAME OR business NAME; (c) you will NOT USE the Payment Service, directly OR indirectly, FOR ANY fraudulent undertaking OR IN ANY manner so AS TO interfere WITH the USE of the Payment Service.
8.1.2 Provider Users. You represent AND warrant TO us that: (a) you are eligible TO register AND USE the Payment Service AND have the RIGHT, POWER, AND ability TO enter INTO AND perform under this Agreement; (b) the NAME IDENTIFIED BY you WHEN you registered IS your NAME OR business NAME under which you sell services; (c) ANY Service ORDER COMPLETION Form submitted BY you will represent a bona fide completed service BY you AND will accurately DESCRIBE the services sold AND provided TO a Buyer; (d) you will fulfill ALL of your obligations TO EACH Buyer FOR which you submit a Service ORDER COMPLETION Form AND will resolve ANY Buyer dispute OR complaint directly WITH the Buyer AND, (e) you AND ALL Service ORDER COMPLETION Form submitted BY you will comply WITH ALL federal, state, AND LOCAL laws, rules, AND regulations applicable TO your business; (f) except IN the ordinary course of business, NO Service ORDER COMPLETION Forms submitted BY you through the Payment Service will represent a sale TO ANY principal, partner, proprietor, OR OWNER of you; AND (h) you will NOT USE the Payment Service, directly OR indirectly, FOR ANY fraudulent undertaking OR IN ANY manner so AS TO interfere WITH the USE of the Payment Service.
8.2 Disclaimer. THE BUCKS SITE AND SERVICE ARE PROVIDED ON AN AS IS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE BUCKS SITE, SERVICE OR ANY APPLICATION, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE BUCKS SITE, SERVICE, OR ANY APPLICATION WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.
9 Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE INCLUDING, WITHOUT LIMITATION OUR AFFILIATES AND AGENTS (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE BUCKS SITE, THE PAYMENT SERVICE, (INCLUDING THE INABILITY TO USE THE PAYMENT SERVICE), OR ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE PAYMENT SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF US INCLUDING OUR AFFILIATES AND AGENTS (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF ANY BALANCE DUE YOU AND THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE PAYMENT SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. IN NO event will we be liable TO you FOR ANY failure OR delay BY us (OR our employees, agents, OR representatives) IN performing our obligations under this Agreement, regardless of whether the failure OR delay IS caused BY an event OR CONDITION beyond our control.
The laws of certain states OR other jurisdictions DO NOT allow limitations ON implied warranties, OR the exclusion OR limitation of certain damages. IF these laws apply, SOME OR ALL of the above disclaimers, exclusions, OR limitations may NOT apply TO you, AND you may have rights IN addition TO those contained IN this Agreement. Our liability IS limited TO the GREATEST extent permitted BY law.
You will indemnify AND hold harmless us including, without limitation, our affiliates AND agents (AND our AND their respective employees, directors, agents AND representatives) FROM AND AGAINST ANY AND ALL claims, costs, losses, damages, judgments, penalties, interest, AND expenses (including without limitation reasonable attorneys™ fees) arising OUT of ANY claim, ACTION, audit, investigation, inquiry, OR other proceeding instituted BY a person OR entity that arises OUT of OR relates TO: (a) ANY actual OR alleged breach of your representations, warranties, OR obligations SET forth IN this Agreement, including without limitation ANY violation of our Policies; (b) your wrongful OR improper USE of the Payment Service; (c) your failure TO comply WITH ANY applicable laws AND regulations IN CONNECTION WITH your USE of the Payment Service; (d) ANY TRANSACTION submitted BY you through the Payment Service; AND (e) ANY claim OR dispute arising OUT of services offered OR sold BY you.
11 Arbitration Provision AND Waiver of Trial BY Jury; Governing law; Venue
The laws of the State of Colorado govern this agreement AND ALL of its terms AND conditions.
(a) You should READ this Arbitration Provision AND Waiver of Trial BY Jury (Arbitration Provision) carefully. It provides that you waive your RIGHT TO a trial BY a court OR a jury AS well AS certain other rights IN ANY dispute related TO your ServiceLive Wallet OR this Agreement. (b) Opt Out. IF you wish TO opt OUT of this Arbitration Provision, you must notify us IN writing, WITHIN sixty (60) days FROM the DATE IN which you received this notice. You may notify us that you wish TO opt OUT of this Arbitration Agreement through written notification BY mail TO: ServiceLive, Inc., 3333 Beverly Road, B6, Hoffman Estates, Illinois 60179, Attn: President.. Your written notification must include your NAME AND address, AS well AS a clear statement that you DO NOT wish TO resolve disputes through arbitration. Your decision TO opt OUT of this Arbitration Agreement will have NO adverse effect ON your relationship WITH us OR the delivery of services TO you BY us. (c) ANY Claim brought BY you OR BY us shall be resolved, upon the election of either you OR us, BY binding arbitration pursuant TO this Arbitration Provision AND the procedures of the NATIONAL Arbitration Forum (NAF) OR the American Arbitration Association (AAA), AS selected BY the party electing TO USE arbitration. NAF can be contacted AT: NATIONAL Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 1-800-474-2371, www.adrforum.com. AAA can be contacted AT: American Arbitration Association, 1633 Broadway, 10th FLOOR, NEW York, NEW York 10019, Toll Free: 1-800-778-7879, www.adr.org. (d) IN this Arbitration Provision, the term Claim means ANY claim, dispute OR controversy BETWEEN you AND us arising FROM OR relating TO your Card, your Account OR this Agreement including the validity, enforceability OR scope of this Arbitration Provision OR the Agreement. Claim includes claims of EVERY kind AND nature, including but NOT limited TO: initial claims, counterclaims, CROSS-claims AND third-party claims; claims brought under contract, tort, statutory, regulatory OR ANY other legal theory; AND claims seeking ANY TYPE of relief (including money damages, injunctive OR declaratory relief). Claim does NOT include ANY challenge TO the validity AND effect of the Class ACTION Waiver, which must be decided BY a court. The terms we AND us IN this Arbitration Provision shall mean us including without limitation our affiliates AND agents, licensees, predecessors, successors, AND assigns; AND ALL of us AND their agents, employees, directors AND representatives, AND ALL third party agents, contractors, marketers, merchants AND servicers. (e) YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NAF OR AAA, AS APPLICABLE (THE PROCEDURES), EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN FOR A SMALL CLAIM. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (f) Notwithstanding anything to the contrary in this Arbitration Provision, either party may file and pursue a Claim in a small claims court of your state or municipality (Small Claim), but the Claim must proceed only on an individual basis and not in a representative capacity or class action so long as that Claim is not transferred or appealed to a different court, in which case either party may elect arbitration. (g) No Claim submitted to arbitration is heard by a jury, may be brought as a class action in a court or arbitration proceeding, or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement TO arbitrate (except FOR this sentence) shall be NULL AND void WITH respect TO such proceeding, SUBJECT TO the RIGHT TO appeal the limitation OR invalidation of the Class ACTION Waiver. ANY Claim resolved BY arbitration shall be arbitrated ON an individual basis BY a single arbitrator. The arbitrator™s authority TO resolve Claims IS limited TO Claims BETWEEN you AND us alone, AND the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you. (h) Any arbitration hearing that you attend shall take place in the federal judicial district of your residence at the time the claim is filed. At your written request, we will consider advancing and/or reimbursing any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. If you file a claim against us, no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Each party shall bear its own attorney™s, expert™s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration. (i) This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the FAA). The arbitration shall be governed by the applicable Procedures, except that this Arbitration Provision shall control if it is inconsistent with the applicable Procedures. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely written request of either party, shall provide a written explanation of the basis for the decision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final AND binding, except AS provided BY the FAA. (j) Continuation: This Arbitration Provision shall survive termination of your Card, your Account AND this Agreement. IF ANY portion of this Arbitration Provision IS deemed invalid OR unenforceable it shall NOT invalidate the remaining portions of this Arbitration Provision OR the Agreement, except AS provided FOR IN paragraph (g) above.
12 General Provisions
12.1 Customer Service. IF you have ANY questions OR complaints about the service, you may CALL us AT 1-888-549-0640 OR WRITE us AT: ServiceLive, Inc., 1560 Cable Ranch Rd., Building A, San Antonio, TX 78245.
12.2 Electronic Notices AND Your Consent. We primarily communicate WITH you via the Bucks Site AND we may also send email TO your registered electronic address. BY registering FOR the Payment Service AND accepting the terms of this Agreement, you affirmatively consent TO receive notices electronically FROM us through the Bucks Site AND/OR email (your Consent). You agree that we may provide ALL communications AND transactions related TO the Payment Service AND your ServiceLive Wallet, including without limitation agreements related TO the Payment Service, amendments OR changes TO such agreements, disclosures, notices, TRANSACTION information, statements, policies (including without limitation notices about our Privacy Notice), responses TO claims, AND other customer communications that we may be required TO provide TO you BY law IN electronic FORMAT (collectively, Communications). ALL Communications BY us will be sent either (a) via e-mail, (b) BY providing access TO a Website that we designate IN an e-mail, OR (c) posting TO the Bucks Site. ALL Communications will be deemed TO be IN writing AND received BY you WHEN sent TO you. You are responsible FOR creating AND maintaining your own records of such Communications. You must send notices TO us AT the designated e-mail address(es) ON the Bucks Site OR through the submission forms ON the Bucks Site. We reserve the RIGHT TO discontinue OR MODIFY how we provide Communications. We will give you prior notice of ANY change. Your continued Consent IS required TO USE your ServiceLive Wallet. TO withdraw your Consent, you will need TO CLOSE your ServiceLive Wallet.
12.2.2 Updating Your Information. AS WITH ALL information that you provide TO us FOR your ServiceLive Wallet, it IS your responsibility TO ensure that your phone number AND e-mail address IS accurate AND remains current. TO ensure that we are able TO provide you WITH important Communications, you must UPDATE us WITH ANY CHANGE IN your e-mail address. The scope of this Consent applies TO the e-mail address that we currently have ON FILE FOR you.
12.2.3Requesting Paper Copies. Communications will NOT be distributed IN paper unless you contact us, through our agent, ServiceLive, AND request a paper VERSION of a particular document. We reserve the RIGHT TO charge you a handling fee FOR ANY notices that we physically mail TO you AT your request OR because your e-mail address fails.
12.3 Entire Agreement. This Agreement, including without limitation the Policies AND the general terms AND conditions of the Bucks Site, constitute the entire agreement of the parties WITH respect TO the SUBJECT matter of this Agreement, AND supersede AND cancel ALL prior AND contemporaneous agreements, claims, representations, AND understandings of the parties IN CONNECTION WITH the SUBJECT matter of this Agreement. Except AS expressly provided above, NO modification OR amendment of this Agreement will be binding ON us unless SET forth IN a writing SIGNED BY us.
12.4 Assignment. You may NOT assign OR transfer ANY rights, obligations, OR PRIVILEGES that you have under this Agreement without our prior written consent. SUBJECT TO the foregoing, this Agreement will be binding ON EACH party's successors and permitted assigns.
12.5 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
12.6 No Waiver. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
12.7 No Agency. Except for the limited purposes described in this Agreement, nothing in this Agreement is intended to or does create any type of joint venture, partnership, or employer/employee relationship between you and IPS.
Texas Residents: ServiceLive, Inc. engages in the money transmission business as an authorized delegate of Integrated Payment Systems, Inc. under Chapter 151 of the Texas Finance Code. If you have a complaint, first contact the consumer assistance division of Integrated Payment Systems, Inc. at 1-866-678-5010, if you still have an unresolved complaint regarding the company's money transmission activity, please direct your complaint to the Texas Department of Banking:
In Person or U.S. Mail:
Texas Department of Banking
2601 North Lamar Boulevard
Austin, TX 78705-4294
Telephone Number: 1-877/276-5554
Fax Number: 512/475-1313
E-mail Address: email@example.com
Website Address: www.dob.texas.gov.
Integrated Payment Systems Online
Effective March 1, 2012
Integrated Payment Systems, Inc. ("IPS") IS a subsidiary of FIRST DATA Corporation. Protecting the privacy of users of www.servicelive.com IS important TO us. Our Online Privacy Statement IS designed TO inform you about our collection AND USE of personal information ON this web site. FROM TIME TO TIME, Integrated Payment Systems (referred TO IN this policy AS "IPS") may MODIFY this Online Privacy Statement.
The Online Privacy Statement IS available ON the home page of this web site AS well AS AT EVERY POINT ON the web site WHERE you provide us WITH personal information.
IF you have ANY questions, please contact the FIRST DATA Privacy Office AT firstname.lastname@example.org OR (888) 337-0434.
The Only Personal Information We Collect Online IS Information You Voluntarily Provide TO Us.
The only information we collect about you ON this web site IS information that you voluntarily provide TO us. This information may include, FOR example, NAME, mailing address, email address, phone number AND similar information. IF you supply us WITH personal information ON this web site, we will USE that information only TO contact you so that we can:
provide you WITH the information you have requested,
TO facilitate AND complete merchant-initiated OR authorized transactions,
TO comply WITH federal, state AND LOCAL laws, including credit reporting laws AND card association rules,
TO combat fraud, OR
occasionally send you other information about FIRST DATA AND its services that we believe you would find interesting.
WHEN You Browse the FIRST DATA Web Site, You DO So Without Revealing Your Identity.
FROM TIME TO TIME, however, we may disclose this information TO fulfill legal OR regulatory obligations OR IF we determine such disclosure IS legally advisable OR necessary TO protect our rights, the rights of others, OR TO prevent harm. IN addition, we may AGGREGATE DATA about users of our site AND USE it FOR statistical purposes. This information helps us TO better understand our site's users and how to improve our site and our offerings.
We Are Committed to Protecting the Confidentiality of User Information.
Our policies limit access to personal user information that is collected from this web site to our employees and agents and the employees and/or agents of our affiliates and business partners who need the information to fulfill their business responsibilities. IPS may disclose personal information collected online to our affiliates and to vendors who assist us with the web site. In some cases, this may require your information to be sent to other countries. By supplying your information on this web site, you consent to your information being transferred across national borders to IPS, its affiliates, vendors or agents. Vendors and other outside contractors we engage are subject to our contractual requirements for safeguarding personal information.
Employees and others with duties related to this web site must adhere to this Online Privacy Statement. Our employees receive annual training about the privacy policies and procedures of First Data Corporation and its affiliates and subsidiaries including IPS. We acknowledge that protecting consumer privacy is a key part of our trusted relationship with our clients.
Any employee violating this Online Privacy Statement may be subject to disciplinary action, up to and including dismissal.
By using this web site, you agree that your use of the www.servicelive.com web site is limited to the terms stated in your agreement with IPS.
We Use Appropriate Security Safeguards.
At IPS, security is a priority. IPS employs appropriate measures, including advanced technology, to protect personal information collected online against unauthorized access, disclosure, alteration or destruction. These measures may include, among others, encryption, physical access security, and other appropriate technologies. IPS reviews and enhances its security systems, as necessary.
This Web Site is Not Directed at Persons Under the Age of 18.
Our web site is not directed at persons under the age of 18 and IPS does not collect or maintain information at our web site from persons we actually know are under the age of 18.
This Web Site May Be Linked to Other Web Sites.
As you navigate our site, you may click to web sites of our affiliated companies or business partners. Those web sites may have their own online privacy statements or policies. This Online Privacy Statement will not apply when you move to one of these other sites because affiliate privacy practices and policies are tailored to the products and services offered by the individual affiliate. If you visit the pages and sites of our affiliated business units please be sure to review the privacy policies applicable to those sites.
We may create links to third-party web sites. Neither First Data nor IPS is responsible for the privacy practices employed by web sites that are linked to from our web site. First Data and IPS's privacy policies AND practices DO NOT apply TO these sites. FIRST DATA AND IPSdo NOT guarantee, approve, OR endorse ANY information, material, services, OR products contained ON these links. FIRST DATA AND IPS are NOT responsible FOR ANY content ON sites linked FROM OR TO www.servicelive.com. FIRST DATA AND IPS are providing the linked sites AS a convenience AND your CONNECTION TO ANY linked site IS AT your own risk.
END of ServiceLive Bucks USER Agreement
LAST Modified: May 05, 2015