WELCOME TO FINPAY, L.L.C. PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS. BY SELECTING THE “I Agree” CHECKBOX IN THE REGISTRATION FORM, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS WILL APPLY AND GOVERN YOUR USE OF FINPAY, L.L.C. SERVICES AND PRODUCTS; THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND FINPAY, L.L.C. ANY USE OF THIS WEBSITE OR FINPAY SERVICES SHALL BE GOVERNED BY THIS AGREEMENT.
The following terms and conditions constitute a binding agreement between you and FinPay L.L.C. (sometimes hereinafter referred to as “FinPay,” “The Company,” “We,” “Us,” or “Our”) whose registered office is located at 700 S. Henderson Road, Suite 202, King of Prussia, PA 19406. This website is operated by The FinPay™. By visiting or using the FinPay website (https://www.finpay.net/) (the “Website”) or registering for or using any FinPay product or service (the “Services”), you agree to be bound by these terms and conditions (the “Website User Agreement” or “Agreement”), the FinPay Privacy Policy (the “Privacy Policy”), and any applicable authorizations, terms and conditions related to any Service(s) (collectively, the “Governing Agreements”) all incorporated herein by reference whether you are a “Visitor” (which means that you simply browse the Website) or are a “Customer” (a person who has completed the registration process and been accepted by Us, and who maintains a FinPay Account). The term “User” refers to a Visitor or a Customer. The terms “You” or “Your” may refer to a User, Visitor or Customer. In case of a conflict between this FinPay Website User Agreement, the Privacy Policy, or any other terms and conditions governing Services offered by FinPay, this Agreement shall govern.
AMENDMENTS AND MODIFICATIONS OF GOVERNING AGREEMENTS
The Company, in its sole discretion, may change or amend any of the Governing Agreements. These changes may be made without prior notice and at any time, except as otherwise required by law. We will notify You of any changes; however You agree to regularly check the Governing Agreements for any changes. If you do not agree with any of the terms and conditions of the Governing Agreements, you are not authorized to access or use the Website or any Service, and your sole remedy is to stop accessing and using the Website and the Services. Use of the Website or Services, including continued participation in FinPay Services, shall automatically be deemed your acceptance of the then-current Governing Agreements, including any updates or changes thereto.
DEFINITIONS
In this Agreement, the following terms have the following meanings: “Active Account,” “FinPay Account,” or “Account” means the FinPay account assigned to each Customer identified by a unique account number, from which Customer’s funds will be tracked by FinPay. “Auto-Pay” means FinPay will make payment on the payment due date to designated merchant(s) or payee(s) pursuant to the terms of the Customer’s payment plan. “Auto-Replenish” means FinPay will automatically load funds to Customer’s Account by initiating a funds transfer from a designated loading source(s) in an amount equal to the Minimum Balance. “Customer Profile” means the section of FinPay’s Website where Customers provide their “My Profile” information. “My Profile” means personal information you provide during the enrollment process and maintain at Our Website in the Customer Profile section. We use the information in Your My Profile to send you information and notices regarding your Account and the Services, and to verify your identity and eligibility for the Services. “Legal Section” means the home page of the FinPay Website under the Legal Section. “Loaded Funds” is funds credited to a Customer’s Account through selected loading sources. A Customer or FinPay, through authorization for Auto-Replenish, can load funds to his/her Account in a variety of ways. If funds are credited to an Account from a credit card, the funds are considered a cash advance for credit card and cash load from debit card. Customer is responsible for any fees charged by Customer’s credit/debit card issuer. All fees will be passed onto the Customer to load the Customer’s Account. “Minimum Balance” means the amount of funds a Customer is required to maintain in Customer’s FinPay Account equal to Customer’s monthly merchant payment amount plus $5.00. “Real-Time Gross Settlement” or “RTGS” refers to the proprietary software licensed to FinPay that allows transactions to be booked and funds transferred in real time, including multi-currency transactions. “Service” or “Services” means the products and services offered to You by Us. “Your Nominated Bank Account” is your bank account outside of the FinPay system.
YOUR ELIGIBILITY
In order to legally use FinPay Services, You must meet each of Our eligibility requirements. In connection therewith, by Your use of the Services, You represent to Us that You are: NOT a resident in any of the countries published in the Restricted Jurisdiction List located in the Legal Section of the Website; at least 18 years of age or the age of majority, whichever is older, in your jurisdiction of residence; and not barred from receiving Services due to laws in Your jurisdiction or third party contracts or obligations. Services are void where prohibited by law. FinPay will not conduct business in countries that are subject to economic sanctions. These include the list published in the Restricted Jurisdiction List. The Restricted Jurisdiction List may be amended or modified at any time without notice.
You may not (i) activate or use more than one FinPay Account; (ii) use any false or misleading address or e-mail address or any other false material or information to activate a FinPay Account; or (iii) provide false or misleading information to any FinPay merchant or other entity involved in any FinPay Service. Any duplicate or multi-person Accounts are subject to cancellation by FinPay in its sole discretion, and may be considered in violation of this Agreement. Participation in any Service is limited to Customers who maintain a FinPay Account.
MONEY LAUNDERING, CRIME & TERRORISM
FinPay operates under the laws of the United States of America. Although FinPay is not a bank, it will unilaterally conform, as much as reasonably possible, to those rules and regulations designed to fight money laundering, crime and terrorism including, but not limited to, U.S. Treasury Laws, U.S. Patriot Act, U.S. Privacy Laws and other rules and regulations. Pursuant to these laws, FinPay requires You to confirm your identity and other personal details. FinPay will implement verification procedures and fraud protection systems to achieve the mandated Know Your Customer (“KYC”) and Know Your Business (“KYB”) regulations required by Our participating or affiliated Bank(s). Your Account may also be subject to daily and monthly transaction limits at the sole discretion of FinPay or as required by law.
FRAUD PREVENTION & SECURITY
It is Our policy to protect Your privacy and identification. FinPay uses a variety of hardware and software technologies including internal risk and mitigation policies to protect Your personal and confidential information from unauthorized access, use or disclosure. FinPay uses state of the art technology with a variety of audit procedures to identify patterns of misuse. FinPay does not store any unnecessary credit or debit card information unless there is a breach or failed transaction on loading funds, which is recorded in a separate fraud investigation log. This information is not used for any other purpose and may be shared only with the card issuer for verification if required depending on the nature of the transaction status and parameters that have created the attention on the card. FinPay may contact, and in some cases may be required by law to notify, appropriate legal authorities if fraud is suspected.
Never share Your Account or any of Your login, username, password and PIN details with anyone. If You do, We will not be liable for any damage resulting to You.
FINPAY ACCOUNT
All Customers must establish a FinPay Account. Each Account is uniquely identified to each Customer and all financial transactions relevant to a Customer are tracked through that Customer’s assigned FinPay Account number. A Customer can have only one Account. If You attempt to create multiple Accounts without the prior written consent of FinPay, we reserve the right to report You to the local or regional jurisdictional authorities as a potential risk under the PATRIOT ACT, FAFT, OFAC, MLAT, FACTA, United Nations or other authorities as required by FinPay’s compliance guidelines. The creation of a FinPay Account requires the implementation of KYC – KYB regulations as required by Our associated or affiliated Bank(s).
FinPay is not a bank or credit or debit card. All Customer funds are deposited into a single settlement account held at FinPay’s primary Bank and are tracked by FinPay through each Customer’s unique Account number. All Accounts are subject to the rules and regulations of Our associated or affiliated Bank(s). FinPay treats all transactions as United States Currency. FinPay facilitates currency credits and debits through the FinPay™ in Real Time to participating merchants or Customers. The FinPay™ accepts a Customer’s Loaded Funds from the Customer’s choice of loading source(s), which may include a bank, credit, debit, or Health Savings Account. Though FinPay does not charge Customers for deposits or withdrawals within the FinPay, each Customer is liable for any fees charged by that Customer’s chosen loading source(s). If You load funds on Your FinPay Account through a credit/debit card, these funds may be considered a cash transaction by Your chosen “out-of-network” loading source, and You may be billed by Your card company as a cash advance. You may withdraw all or part of Your funds by funds transfer to Your Nominated Bank Account or You may request issuance of a check payable to You (no fee will be charged for issuance of a check) at Your request and certain fees may apply and may be deducted from Your FinPay Account depending on your chosen method of withdrawal. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT USE THIS SERVICE.
FEES
Some of the Services may have fees associated with them that are not included in this Agreement. Information regarding such fees will be included within the applicable Service(s). Please review such fees prior to engaging in a transaction. You acknowledge and agree that any fees may be deducted from your FinPay Account. You acknowledge and agree that a fee of $25.00 may be charged to You for all returned checks and returned ACH transactions should an overdraft occur. Out-of-network transfer fees charged by FinPay include, but may not be limited to: Wire ($35.00); ACH (2% of the transfer plus $1.00); and checks (no fee). Fees may be amended at any time and You will be provided notice of any changes.
ACCOUNT INTEREST
FinPay does not pay any interest on funds held in Your FinPay Account.
PAYMENTS, TRANSACTIONS, AND ERRORS
FinPay may refuse or cancel any payment or transaction at any time for any reason. It is Your responsibility to ensure that You have sufficient funds in Your FinPay Account and that timely payments to designated merchants or payees pursuant to your payment plan are made. In the event your Account balance is insufficient to make a scheduled payment, FinPay will make a reasonable effort to notify You and Auto-Replenish Your Account using any available pre-authorized loading sources. If payment cannot be made by FinPay due to insufficient funds in Your Account, FinPay may notify the applicable merchant or payee. If your FinPay Account balance is insufficient to make a scheduled payment, You shall remain liable for all outstanding amounts and payments. FinPay is not responsible for any transactions, including but not limited to any loads into your FinPay Account that FinPay does not receive. Processing and/or transmission errors can occur after FinPay acknowledges receipt that may impact transaction completion.
Your payment plan and schedule may be modified or amended. It is Your responsibility to cancel, skip, reschedule or revise a scheduled payment as necessary. Any modifications or amendments will be effective as of the date received and accepted by FinPay provided that FinPay has had a reasonable opportunity to act and shall be effective for future payments only.
You must notify Us, of any errors (or suspected errors) related to the Services, including, but not limited to, Auto-Pay, Auto-Replenish, or any other transactions related to Your Account, as soon as they occur, and in no event later than 30 days after the occurrence . Unless You notify Us in a timely manner, the transactions or payments are deemed correct.
REGISTRATION DATA; CHANGES IN YOUR INFORMATION
It is Your responsibility to update Your information with Us in the Customer Profile section of Our Website. You shall provide true, accurate, non-misleading, current and complete information (“My Profile”), maintain and promptly update the My Profile information to keep it true, accurate, non-misleading, current and complete. We, in Our sole discretion, must accept or reject all Customer registrations. We may require one or more forms of identification in connection with any Customer registration. If We believe in our sole discretion that Your My Profile information is untrue, inaccurate, misleading or incomplete, We reserve the right to immediately and without prior notice suspend or terminate any Service then being provided to You, as well as Your Account. We may also at Our sole discretion refuse to provide You with any future use of the Services (or any portion thereof). Termination or suspension of Service, or refusal of an Account, on these or any other grounds, shall not create liability to Us.
You acknowledge and agree that We may rely on the My Profile information to send You information, disclosures, and notices regarding your Account and Services. We shall have no liability associated with or arising from Your failure to maintain an accurate My Profile, including, but not limited to, Your failure to provide or receive critical information about Services or Your Account. We reserve the right to request at any time that You provide proof in order to verify the accuracy of information in your My Profile. Failure to provide such proof may result in immediate termination of Your Account without recourse. We may use and are hereby expressly given permission by You to contact You by e-mail or at the phone number or any mobile number provided by You in connection with various aspects of FinPay Services. FinPay will not conduct business in countries; states or Indian Lands banned or listed in the Restricted Jurisdiction List.
CUSTOMER’S RESPONSIBILITIES
It is every Customer’s responsibility to know their country, state or jurisdiction legislation with regards to online restrictions and prohibitions to purchase certain goods, products, or services. Accessing this Website and Your use of the Services from locations outside the United States is at Your own risk, and You are responsible for compliance with local laws. FinPay is not responsible to educate or be accountable for Your activities. Customer’s decisions, patterns and behaviors are at their own free will and discretion. FinPay only authorizes transactions as are provided for within our network and those specifically provided for on Our Website. You agree not to use Your FinPay Account or the content or information on this Website that would in any way: i) infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including but not limited to any rights to software; ii) be fraudulent or involve the sale of counterfeit or stolen items, including the impersonation of another person or entity; iii) violate any law, statute, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); iv) be false, misleading or inaccurate; v) create liability for FinPay or Our affiliates or service providers; vi) be defamatory, trade libelous, unlawfully threatening or harassing; vii) potentially be perceived as illegal, offensive or objectionable; viii) interfere with or disrupt computer networks; ix) interfere with the usage of FinPay or services provided by our affiliates to another User; or x) use the Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
INACTIVE ACCOUNTS, DISCONTINUED & ABANDONED FUNDS PROCEDURE
An Account becomes dormant after a period of inactivity meaning there has been no deposit or withdrawal from the Account. FinPay will keep any and all dormant, suspended, or disabled Customer Accounts on the database for a maximum period of 60 months without any account closure or costs incurring to them. Any account balances not withdrawn within 60 months of becoming dormant, suspended, or disabled may be subject to account closure and additional fees and expenses. FinPay reserves the right to close any and all Accounts that remain dormant (with no logins logged into the database) or with a suspended or disabled account status (where no contact was made by the Customer to restore the account), and where no account balance exists, after a continuous period of 60 months. All funds are subject to applicable state escheatment laws.
ACCOUNT SUSPENSION
A breach or violation of any terms within this Agreement is deemed grounds for Account suspension. It is every Customer’s responsibility to ensure compliance with these terms under all circumstances. Account suspension implies the Customer forfeits any rights to the Services previously offered. In cases where the suspension is related to suspected criminal or illegal activity, such may be disclosed or reported to the appropriate authorities. FinPay is not obliged to provide any further services or assistance to suspended Accounts.
In cases where any Customer’s email address keeps returning as “undelivered” in any format or for whatever reason, for three subsequent times, such an Account may be suspended. This decision is at the sole discretion of FinPay. It remains the User’s responsibility to ensure email addresses are updated and FinPay emails removed from any spam blockers or similar firewall systems.
TERMINATION OR SUSPENSION
Without liability or notice, We may terminate this Agreement and/or any FinPay Services and/or immediately remove, cancel or suspend access to and use of the Website at any time and for any reason. Any such action by FinPay shall be without prejudice to Our other rights. We reserve the right at any time to modify, suspend, discontinue or permanently cancel the Website or the Services, or portions thereof, without liability or notice to you. We reserve the right to limit a Customer’s or other User’s use of the Services in Our sole discretion. User may terminate this Agreement at any time by contacting FinPay customer support. Any cancellation of Your authorization to Auto-Replenish or Auto-Pay must be received by FinPay and will only apply to future replenishments or payments and will not be effective until FinPay has been given a reasonable opportunity to act.
This Agreement and/or the Governing Agreements shall be effective until terminated by User or FinPay. All covenants, agreements, representations and warranties made by You in the Governing Agreements shall survive the termination of the Governing Agreements, and the termination of Your use of the Website and the Services. If the Service, or any part thereof, for which you are registered, is permanently suspended, terminated, discontinued or canceled, You may be entitled to a refund of any remaining Account balance after applicable payments, costs and fees have been paid under the Governing Agreements. Any refund will be paid to Your Nominated Bank Account or by check, unless prohibited by a Court Order or law. FinPay may at its sole discretion retain any related monies, either from Your Account balance or pending amounts, as may be required by law or to cover any transactions, refunds and or actual or suspected fraud as it deems necessary.
ELECTRONIC COMMUNICATIONS
By accessing and using Our Website or registering for or using any Service, You consent to receive communications from Us electronically or via mobile messaging. Although We may choose to communicate with You by other means as provided in Your Customer Profile, We may also choose to solely communicate with You electronically by e-mail, instant messenger, or by posting notices on Our Website. You agree that all agreements, notices, disclosures and other communications that We send to You electronically satisfy any legal requirement that such agreements or communications be in writing. We are not responsible for e-mails or other communications not received by You.
SYSTEMS
The Website is optimized for screen resolutions at 1024 x 768 pixels. The following browsers and versions are supported:
- Microsoft® Internet Explorer 10.0+
- Mozilla® Firefox 30.0+
- Google Chrome 10.0+
- Safari 8.0+
Variant settings or device types may affect presentation. The use of alternative browsers or BETA versions may have unpredictable results.
Our Website and Services all require browser versions that support 256-bit SSL (Secure Sockets Layer Encryption Technology), frames, and JavaScript.
YOUR RESPONSIBILITY OF EQUIPMENT AND RELATED COSTS
You are responsible for obtaining, maintaining and paying for all costs and fees associated with all telephone, computer hardware, Internet access services and other technology, equipment or services needed to access and use Our Website and/or the Services. You shall provide all equipment and software necessary to connect to the Service. You shall ensure that your equipment and/or software necessary to access and use Our Website and the Services does not disturb or interfere with Our operations, Our Website, the Services or other Users’ use of the Website or the Services. If any upgrade in or to Our Website or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Us, any new or additional features of Our Website or Service, including the release of new products and Services, shall be subject to the Governing Agreements.
COMPLIANCE
FinPay’s success is dependent on its and its Customers’ compliance with the laws of the jurisdictions to which they are subject and to regulations of the financial institutions in which they conduct business. Customer agrees to comply with all such laws and regulations. Failure of a Customer to comply with the laws and regulations to which they are subject is grounds for immediate suspension and/or termination of their FinPay Account and Services.
CURRENCIES
All transactions between FinPay™ Accounts are in U.S. currency. FinPay does not levy any foreign currency conversion fees or set exchange rates. You will be subject to the rates and fees set by the financial intermediaries you use when moving money From/To Your FinPay Account if you load or unload in a different currency from your account. The default currency of all FinPay™ Accounts is US Dollars. However, this doesn’t limit You from loading and withdrawing funds in other currencies We may offer now and in the future.
LINKS, PRODUCTS & SERVICES
Our Website or mobile applications may include links to websites for sales, deposits, or withdraws for products or services owned or operated by third parties. These are provided for your convenience and We are not responsible for and do not give any warranties or make any representations regarding any such websites. We are not responsible for or liable in relation to the content or Your use of such websites or any third parties. Inclusion of a third party website does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with FinPay. Any business activities with third party websites are deemed a willful agreement between you and the third party and FinPay assumes no liability in that transaction whatsoever, directly or indirectly. FinPay cannot validate the truthfulness, accuracy or intentions of any information displayed, provided or declared by any third party website, product or service.
GENERAL DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, FINPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE IN CONNECTION WITH THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, FINPAY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCEL BOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF A SERVICE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE SERVICE, AS DETERMINED APPROPRIATE IN OUR DISCRETION.
IN NO EVENT SHALL FINPAY OR ANY OF ITS OFFICERS, MANAGERS, OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) ANY BREACH OR VIOLATION OF THE GOVERNING AGREEMENTS, OR THE LAW; (II) YOUR ACCESS OR USE OF THE WEBSITE OR SERVICES; (III) ANY THIRD PARTY’S ACCESS OR USE OF THE WEBSITE OR SERVICES UNDER YOUR USERNAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF FINPAY’S SECURITY; (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; OR (IX) CAUSES BEYOND FINPAY’S AND ITS AFFILIATES CONTROL EVEN IF FINPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Despite any other provision of any of the Governing Agreements, to the extent legally permitted, Our, including Our affiliates, successors and assigns, and Our third party merchants and suppliers, liability under this Agreement or any of the Governing Agreements (whether arising in negligence or otherwise) will not under any circumstance exceed one hundred dollars ($100) in United States currency, regardless of the cause or form of action. Without limiting the foregoing, to the extent permitted by law, FinPay is not responsible for any damage to any Customer’s or User’s equipment, computer, software, phone or wireless device due to using the Website or Services or downloading of any software or information necessary to use the Services. There is no express or implied guaranteed service level for FinPay, and the Website and Services may be interrupted from time to time, and may not always be virus or error-free. Under no circumstances will FinPay be responsible for errors in transmission, lost or unavailable network connections, e-mails not delivered, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Website or Services. FinPay will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from FinPay. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You.
INDEMNIFICATION
User agrees to indemnify, defend (including reasonable attorneys’ fees and costs), and hold harmless FinPay, and its officers, directors, managers, owners, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates, from and against any and all claims, actions, demands, liabilities, losses, costs, settlements and expenses, or damages of any kind (including, but not limited to, attorneys’ fees) arising from or relating to: (i) Your access or use of the Website or Services; (ii) your breach of this Agreement; (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Forums; (iv) any breach or violation of the Governing Agreements or law by you; (v) your failure to provide accurate, complete, non-misleading and current My Profile data; and (vi) any third party’s access or use of the Website or a Services under your username and password. User holds FinPay harmless for any and all claims, demands and actual/consequential damages related to transaction(s) with any third party providers.
INJUNCTIVE RELIEF
You agree that Your breach of the Governing Agreements will result in immediate and irreparable damage to FinPay such that FinPay could not be adequately compensated by an award of monetary damages, and in the event of any threatened or actual breach, FinPay shall be entitled to an injunctive order appropriately restraining and/or prohibiting such breach without the necessity of FinPay posting bond or other security. Pursuit of any remedy by FinPay shall not constitute a waiver of any other right or remedy by FinPay under the Governing Agreements or under applicable law.
INTELLECTUAL PROPERTY
All FinPay software copyrights and trademarks are owned by The FinPay™, a company duly registered in the United States of America, and licensed exclusively to The FinPay™ and its affiliated companies. The contents of this Website are copyrighted by the United States and may not be used, copied or altered without Our express written permission. Any logos, service marks, trade names and trademarks shown on the Website or in Our marketing materials are solely owned or licensed by Us and may not be replicated without Our express written permission. We do not make any warranty or representation with respect to any other trademarks or brands featured on Our Website that belong to their respective owners and use of any third party trademarks or brands without appropriate consent is prohibited.
SOCIAL MEDIA
FinPay is not responsible for and does not make any representations or warranties regarding any bulletin boards, chat rooms, or other electronic forums made available on or via the Web Site (collectively, “Forums”) or any messages, information, or materials contained in the Forums. You acknowledge and agree that Your use of, or reliance upon, any such messages, information, or materials shall be at Your sole risk. FinPay does not, and cannot, review all of the information and materials provided in the Forums and shall not be responsible for the content of any such messages, information, or materials. FinPay reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Agreement or are otherwise unlawful, inappropriate, or unacceptable. To the extent that You use the Forums, you represent, warrant, and covenant that You shall: (i) comply with this Agreement and any FinPay Forum policies; (ii) be solely responsible for Your use of the Forums and any messages, information, and materials provided by You; (iii) not advertise or offer to sell goods or services of any kind; and (iv) not upload, post, publish, or transmit any messages, information, or materials which (a) restrict or inhibit any other User from using and enjoying the Forums or WebSite, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive or profane (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of FinPay or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property rights and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (h) contain any viruses or other harmful components. By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Forums, You hereby grant to FinPay and its affiliates a royalty free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
ETHICS & CONDUCT CODE
Under no circumstance will any User communicate to a FinPay manager, employee or contractor in a manner that may be considered in FinPay’s sole discretion as unbecoming or profane. Any form of verbal or written slander, any form of abuse, direct personal attack, discrimination, racism, profanity, swearing, hate speech or blatant abuse, will not be tolerated. FinPay reserves the right to suspend or terminate the Account of any Customer who violates this policy.
APPLICABLE LAW AND JURISDICTION
The Governing Agreements and any disputes arising thereunder are governed by and construed in accordance with the laws of the State of Delaware and the parties hereby irrevocably submit to the jurisdiction of the Delaware Courts. Information related to Your access or use of the Website, including, but not limited to, Your personal or business identifiable information, are protected by the laws of the United States. Such information shall be deemed private, secure and protected and shall not be made known to any third party source without your prior consent or if so instructed by legal court order issued by any court of the United States, or if We, in our sole and absolute discretion, suspect fraud, criminal activity or acts of terrorism.
ASSIGNMENT
We may fully or partially assign, sell or transfer our rights and interests in any of the Governing Agreements. Any successor to Our interests will be bound by the Governing Agreements. You may not assign your rights or interest in the Governing Agreements or Your Account, to another person or entity without the prior written consent of FinPay.
DATE & TIME
All time stamps displayed on Our Website or in Our communications and notices are based on United States Eastern Standard Time, unless otherwise noted.
NOTICES & COMMUNICATIONS
Our Website, and all communications and notices issued by Us will be in the English language, or any language We nominate at Our sole discretion. We shall have no obligation of any kind with respect to correspondence we receive that is not in the English language. If you have questions, comments, concerns or feedback regarding the Governing Agreements or the Website or any Service, please contact Us using the Support Ticket System located on our Website Contact Us Form. We shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, We shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to, developing and marketing Services incorporating such questions, comments, concerns or feedback.
OPT OUT
By participating as a Customer, you agree to receive e-mails or mobile messages advising You of Services. To opt-out of receiving promotional messages via e-mail, please check the “Opt Out” option in My Profile.
FORCE MAJEURE
FinPay shall be relieved from any liability for failure to perform any obligation under the Governing Agreements if the failure to perform is caused by a circumstance that is beyond FinPay’s control (Force Majeure), such as acts of God, acts of war, omissions of authorities, new or amended legislation, economic sanctions, labor market disputes, disturbances in the internet, telecommunication networks or other public communication networks, blockades, fires, floods and major accidents.
CAPTIONS
The captions or headings are for convenience of reference only, are not to be considered a part of the Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of the Agreement.
NO SOLICITATION
The Website and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
WAIVER
The failure of FinPay to require performance of any obligation of the Governing Agreements shall not affect FinPay’s right to enforce any provision of the Governing Agreements at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any portion of the Governing Agreements shall be effective against FinPay unless it is in writing and signed by an authorized representative of FinPay.
SEVERABILITY
If any part of the Governing Agreements are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Governing Agreements as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Governing Agreement(s) that is unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.
MISCELLANEOUS
You may only use those portions of Our Website made available to You. You are forbidden to access or attempt to access other Customer or third party Accounts or to otherwise attempt to violate the security or systems of Our Website. You agree not to abuse the Services by conduct that is or may be detrimental to the interests of FinPay or other Users. FinPay reserves the right, but not the obligation, to monitor your access to and use of the Website and the Services. Customers and users, among other things, shall not: (a) manipulate or interfere with the Services or any affiliated program in any way; (b) present inaccurate or fraudulent information; or (c) abet or conspire with another individual or party in conducting damaging, deceitful, fraudulent, or unlawful activity.
TAXES
All taxes or other levies relating to FinPay Services are the sole responsibility of Customer. All Customers are strongly encouraged to consult their own tax advisors prior to participating in any Services. FinPay is not liable for and will not provide any advice concerning tax liability.
These authorizations remain in force until FinPay receives written notification of their termination in such a manner as to afford FinPay time to act on it.
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