Four Technologies Inc.
December 27, 2018
Account. means your account with the Company. For Retailers a Retailer Account. For Users a User Account.
Account Profile. means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details and your Account settings including your notification preferences.
Active Account means an account that has been used to purchase products or services using the Company Services in the last 12 months.
Affiliate or Affiliated Company are companies that are direct or indirect subsidiaries of Four Technologies Inc, or are otherwise related to the Company through common ownership or control.
Application can mean a website, a smartphone, a device, an app, or any other application in which the Company product can be integrated into.
Authorize or Authorization means a User’s express authorization to the Company to debit funds from a connected bank account or payment card on file.
Business Days means Monday through Friday, excluding Holidays.
Communications means any information that the Company provides to you, including: any agreements and policies you agree to, including updates to these agreements or policies; annual disclosures, including prospectuses and reports; transaction receipts or confirmations; Account statements and history; and federal and state tax statements we are required to make available to you.
Customer Service is the Company’s customer support which can be accessed online through emailing the Company at email@example.com at any time, or by calling +1 (844) 256-9744 from 8 AM to 5 PM Central Time.
Days means calendar days.
EFT means a bank Electronic Funds Transfer. This includes Same-day ACH, ACH or wire transfer payments.
Holidays means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), President’s Day (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, the Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, the Company shall observe the Holiday on the following Monday.
Information means any confidential and/or personally identifiable information or other information related to an Account, Retailer or User, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
Interest Free Payment Plan means the installment payment plan that a User is following to pay for a product or service offered from a Company Retailer.
Retailer means a business entity who is using the Company Services to process payments for products or services.
Retailer Account means an account created with the Company by the Retailer for the purposes of accepting Four Technologies as a payment option or using any other Company Services.
The Company means Four Technologies Inc. and its subsidiaries and Affiliates related through common ownership or control or an agent acting on their behalf.
The Company Account means an account that is created by you on the Company website or Application and Services through the Company’s partners.
The Services means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
Order means a transaction with a Retailer for the purchase of goods or services.
Payment Schedule means the dates and times set out for repayment in the installment plan.
Policy or Policies means any Policy or other agreement between you and the Company that you entered into on the Company website or in connection with your use of the Company Services.
Reversal means the Company reverses a payment because (a) it is invalidated by the User’s bank, (b) it was sent to you in error by the Company, or its Partners, (c) the User did not have Authorization to send the payment (for example: the User used a bank account that did not belong to the User), (d) you received the payment for activities that violated this Agreement, the Company Acceptable Use Policy, or any other Company agreement.
Substantial Change means a change to the terms of our agreements that reduces your rights or increases your responsibilities.
Total Payments means all the funds required to pay off an installment purchase, including all late or additional fees.
User means a person or entity who uses the Services to purchase products or services from Retailers.
User Account means an account created with the Company by the User for the purposes of using Four Technologies as a payment option or using any other Company Services.
FOR RESIDENTS OF CALIFORNIA, DELAWARE, IDAHO, LOUISIANA, MARYLAND, MISSISSIPPI, NEVADA, NEW MEXICO, NORTH DAKOTA, SOUTH DAKOTA:
- Changes to this Agreement. The Company may unilaterally decide to change this Agreement at any time, provided, however, that such changes will not impose additional obligations on you concerning actions you had taken before the change became effective unless you explicitly agree to such changes. If the Company makes any changes to this Agreement that it deems to be material, the Company will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted on our website from time to time to see if it has been changed. Your continued use of the Company Services after being informed of such changes will constitute your consent to the changes.
- Eligibility. To be eligible to use the Services, you must be at least 18 years old and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.
The Service. Our Service is a payment processing platform
designed to allow Users to finance and buy products today and pay for them
later, through a down payment followed by installment payments.
- Before completing any transaction on your behalf through our Services, the Company will secure your promise to pay by disclosing all terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the cost of the goods and services financed by the Retailer or the Company. By accepting this Agreement and confirming the financing of any purchases through the Retailer or the Company, you give us the right to collect any unpaid portions of the financed purchase, plus any agreed upon additional fees incurred.
- The Company is not engaged in the sale of any goods or services. The Company does not have control of, or liability for, the products or services financed through the Services. We provide you with financing for your purchases. If you have a dispute with a Retailer, the Company provides a dispute resolution service in the User Account dashboard to aid in your dispute process.
- All uses of the Services are subject to approval by the Company, at our discretion. We may choose not to approve an Order or provide financing for a product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if: (i) we reasonably consider this necessary in order to: (1) protect the integrity of our systems or the products; (2) prevent fraud; (3) limit the risk of money laundering or terrorism financing; or (4) otherwise protect us against legal, regulatory or non-payment risk; (ii) you do not pass our verifications or checks; (iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date); or (iv) we otherwise reasonably consider the Order or request for financing to be suspicious. If we cancel an approved Order or request for financing: (i) we will apply a full refund of any amounts you have paid to us and will cancel any future payments related to that Order; (ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and (iii) if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative payment method in its discretion, or if required to do so by law.
- Once we approve your use of the Services, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule. You agree to make payment(s) in accordance with the Payment Schedule. You may make early payments through your Account, otherwise We will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorize the Company to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, the Company reserves the right to re-attempt to process the payment at a later time(s) or date(s). An Automatic Payment is a payment, through the Payment Method you have chosen, that we will automatically process and collect. This Payment Method can be a bank account or payment card. This Payment Method can be charged on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method when your Account is being created. You can update or change your preferred Payment Method at any time via your Account. Subject to the other terms of this Agreement, you hereby expressly consent to, authorize and instruct the Company to process and collect Automatic Payment amounts using any Payment Method on file, beginning with your preferred Payment Method for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to this bank account or payment card, in accordance with your Payment Schedule and the terms of this Agreement. You are responsible for ensuring that you have sufficient funds in your bank account or payment card available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Payment Method, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges. If an Automatic Payment fails (for example, if your Payment Method is a credit or debit card which has expired), Late Payment Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorize us to satisfy any monetary liability you owe us by: (i) Processing and collecting the payment using any of your preferred Payment Methods on file with us at a later time(s) or date(s); (ii) Processing and collecting the payment using any other Payment Method which you have provided details of; (iii) Offsetting the payment amount against any amounts we may owe to you; or (iv) Any other legal means. Please see below for more information regarding Late Payment Fees.
- If you fail to pay any amounts according to the Payment Schedule, Late Payment Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Payment Fees will not be applied until the day immediately following the day that the payment is due. We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Payment Fee. If Late Payment Fees are or may be incurred as a result of the Company’s error, please let us know, and we will waive or refund such fees, as relevant.
- In some cases, such as a refund or a service credit, the Company may be required to submit a payment to your bank account or card on file. You grant the Company the right to perform these payments to your account(s) on file with us.
- Payment Review is a process by which the Company reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, the Company will place a hold on the payment and provide notice to you and the Retailer. The Company will conduct a review and either clear or cancel the payment. If the payment is cleared, the Company will provide notice to you and the Retailer. Otherwise, the Company will cancel the payment and the funds will be returned to the User.
Setting up User Account.
- To become a User of the Services, you must create a User Account. By opening a User Account and accepting the terms as outlined in this Agreement, you attest that you are establishing the Account to enable yourself to finance the purchase goods and services from Retailers. Four identifies User Accounts by the email address linked to the User Account. We use a One Time Password (“OTP“) that we Short Message Service (“SMS“) to your mobile phone number to secure your Account.. The OTP proves that you have possession of your mobile phone number and the device you are using for the Services. The Company uses device identification techniques and algorithms to remove the need for the OTP when we recognize a previously identified and approved device.
- To create a User Account, we require that you provide us with your email and mobile phone number and prove that you have possession of that device by entering an OTP. We then ask you to create a password and identify yourself. User identification properties that we ask for include, but are not limited to, first and last name, address, and date of birth. We may also ask you to provide us with all, or some portion of your Social Security Number. To finalize your User Account creation, we may ask you to link a bank account to your User Account.
Using your account.
- You can use your User Account to pay for purchases of goods and services from Retailers by using the Company functionality on Retailer sites and interfaces. Payment mechanisms for your down payment and installment payments may include but are not limited to, bank accounts, credit cards, and debit cards. If a bank account is used as your selected payment method, you are requesting an electronic transfer from your bank account. For these transactions, the Company will make electronic transfers from your bank account in the amount you specify. You agree that you grant authorization to the Company to make the transfers from any of your bank account(s), debit card(s) and/or credit card(s) to fulfill your down payment, or a missed or late payment. You give the Company the right to resubmit any transaction you authorized that is returned for insufficient or uncollected funds or any other reason.
- We may, at our discretion, impose limits on the amount of money you can use to purchase goods or services through the Services.
- When you make a purchase with the Service, the Retailer is not required to accept your payment. You agree that you will not hold the Company liable for any damages resulting from a Retailer’s decision not to accept a payment made through the Service. Any unclaimed, refunded or denied payment will be returned to the original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated payment.
- If you see a transaction on your Account that you did not Authorize, please contact Customer Service to report the unauthorized transaction. For the Company to help you, you must have an Account in good standing, have purchased the item with the Service, and be on time with all installment payments to date. You must also open a Dispute within 180 Days of the date you sent the payment. If you have received a recovery related to such purchase from another source, you are not allowed to receive additional recovery from the Company.
- When you log into your bank account to connect your bank account(s) to your Account, the Company will store information related to all accounts connected to this bank connection. The Company reserves the right to initiate payments and withdraw funds from any bank account(s) on file at any time in order to collect all payments, including delinquent payments. This includes saving accounts and non-primary checking accounts.
Credit analysis and reporting.
- If you open an Account, you are providing the Company with express authorization to obtain your personal credit report from a credit bureau. We are using this credit report as a supplement to our ‘Know Your Customer’ processes and to identify any business risks that may exist to the Company in offering financing to you.
- The Company’s Services should not have a negative effect on your credit score. We do not perform “Hard
- The Company uses proprietary analysis tools to evaluate your ability to successfully complete your installment payments with the Company. The Company reserves the right to alter its analysis algorithms at any time.
- We evaluate each purchase as an independent request for financing. Approval of financing for a prior purchase with us does not guarantee future approval.
Interest & Fees.
- We charge no interest and no up-front fees to Users for financing purchases with us. We reserve the right to add interest and fees to future purchases. We will notify Users of all fees and interest if and when we decide to add interest and fees.
- We charge a $7 late fee for each payment that is not made on its scheduled due date, on the day immediately after the due date. A further $8 late fee will be charged for payments not corrected within 7 days of scheduled due date.
- You agree that the Company may provide you Communications about your Account and the Services electronically as described in our Electronic Communications Delivery Policy. Any electronic Communications will be considered to be received by you within 1 hour after the time we post it to our website or email it to you. Any Communications sent to you by mail will be considered to be received by you three Business Days after we send it.
- Except as otherwise stated above in the Electronic Communications Delivery Policy, and herein, notices to the Company must be sent by mail to: Four Technologies Inc., Attention: Legal Department, 16855 NE 2nd Ave, Suite 104 North Miami, FL 33162.
- To contact you more efficiently, we may contact you using calls or text messages at the telephone number(s) you have provided us. We may place such calls or texts to (i) provide notices regarding your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that the Company may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests but will not share your phone number(s) with third-parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.
- You understand and agree that the Company may, without further notice or warning and in our discretion, monitor or record telephone conversations with you, or anyone acting on your behalf, for quality control and training purposes, or the Company’s protection. You acknowledge and understand that, while your communications with the Company may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by the Company, and the Company does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
- You are responsible for maintaining adequate security and control of any and all IDs, OTPs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Services.
- Intellectual Property. “www.paywithfour.com,” “Four Technologies Inc.,” and all logos related to the Services are either trademarks or registered trademarks of the Company or the Company’s licensors. You may not copy, imitate or use them without the Company’s prior written consent. Also, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company. You may not copy, imitate, or use them without our prior written consent.
- Identification. You authorize the Company, directly or through third-parties, to make any inquiries we consider necessary to validate your identity. We may ask for your Social Security Number or to see your driver’s license or other identifying documents at any time. The Company reserves the right to close, suspend, or limit access to your Account, the Company, and all the Services in the event we are unable to obtain or verify this Information.
Restricted Activities. In connection with your use of our website, your Account, the
Services, or in the course of your interactions with the Company, its Retailers, other Users, or
third-parties, you will not: Breach this Agreement, the Acceptable Use
Policy or any other agreement or policy that you have agreed to with the
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti discrimination or false advertising);
- Infringe on the Company’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Attempt to double dip during a dispute by receiving or attempting to receive funds from both the Company and the Retailer, or bank for the same transaction;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
- Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Reversals, fees, fines, penalties or other liability to the Company, other Users, third-parties, or you;
- Use your Account or the Services in a manner that the Company, or any other electronic funds transfer network reasonably believes to be an abuse of any bank transfer system or a violation of card association or network rules;
- Provide yourself a cash advance (or help others to do so);
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website, mobile App or the Services;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
- Use the Services to test payment behaviors;
- Circumvent any Company Policy or determinations about your Account such as temporary or indefinite suspensions or other limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Account(s) when an Account has been restricted, suspended or otherwise limited; creating new or additional Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Account;
- Harass or threaten our employees, agents, or other users.
- Notice regarding unlawful internet gambling. Restricted transactions as defined in the Federal Reserve Regulations or other gambling regulations are prohibited from being processed through your Account or your relationship with the Company. Restricted transactions include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
- You are responsible for all Reversals, fees, fines, penalties and other liability incurred by the Company, a User, a Four Retailer, or a third-party caused by or arising out of your breach of this Agreement, and your use of the Services. You agree to reimburse the Company, a User, or a third-party for any and all such liability.
- If you are liable for any amounts owed to the Company, you authorize the Company to process and collect such amounts from your Account or your bank account on file. If you do not have sufficient funds in your Account or your bank account, you acknowledge that the Company may engage in collection efforts to recover such amounts from you.
If the Company, in its
sole discretion, believes that you may have engaged in any Restricted
Activities, we may take various actions to protect the Company, its Retailers, other Users, other
third-parties, or you from Reversals, fees, fines, penalties and any other
liability. The actions we may take include but are not limited to the
- We may close, suspend, or limit your access to your Account or the Services (such as limiting your ability to send money, make withdrawals, or remove financial Information).
- We may contact Retailers you have interacted with, contact your bank, and warn other Users, law enforcement, or impacted third parties of your actions;
- We may update inaccurate Information you provided us;
- We may refuse to provide any or all the Services to you in the future;
- We may take legal action against you; and
- If you violate the Company’s Acceptable Use Policy, then in addition to the above actions, you will be liable to the Company for the amount of its damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $3,000.00 USD per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of the Company’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to the Company that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. The Company may deduct such damages directly from the offending Account or any other Account you control.
- The Company, in its sole discretion, reserves the right to terminate this Agreement, your access to its website, your access to the Company and all other Services for any reason and at any time upon notice to you.
- The Company, in its sole discretion, may take various actions including any limitation on your Account in the event it receives notice of a court order or other legal process that restricts the use of or access to your Account. The Company will give notice of a limitation it makes to comply with a court order or other legal process, unless the court order or other process directs that the Company not provide you notice, in which case the court order or other process supersedes any notice obligation the Company has undertaken or agreed to under the terms of this Agreement. The Company has no obligation to contest or appeal from any such order or process. The Company will decide in its sole discretion the appropriate scope of a limitation to assure compliance with a court order or other legal process.
- If we close your Account or terminate your use of the Services for any reason, we will provide you with notice of our actions. Except as expressly provided otherwise in this Agreement, if we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions; we will also provide you with an opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that the Company’s decision to take certain actions, including limiting access to your Account by placing holds or imposing Reserves, may be based on confidential criteria that are essential to our management of risk and the security of Users’ Accounts and the Company system. You agree that the Company is under no obligation to disclose the details of its risk management or security procedures to you.
Limitations of liability.
- IN NO EVENT SHALL WE, OUR PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF THE COMPANY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, OUR PARENT, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE THE COMPANY’S SITES AND SERVICES; (2) DELAYS OR DISRUPTIONS IN THE COMPANY’S SITES AND SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE COMPANY’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO THE COMPANY’S SITES OR SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE COMPANY’S SITES OR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (7) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS USER AGREEMENT OR THE COMPANY’S POLICIES. THE COMPANY EXPRESSLY RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THIS USER AGREEMENT AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.
- THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY OUR PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF THE COMPANY, OUR PARENT OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Company does not have any control over the products or services that are paid for with the Services, and the Company cannot ensure that a Retailer you are dealing with will complete the transaction or is authorized to do so. The Company does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control. The Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and debit cards are processed in a timely manner but the Company makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. mail service. Certain Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights, and you may also have other legal rights that vary from state to state.
Closing your account.
- You may close your Account at any time by following the instructions in your Account Profile.
- You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your Account open for up to 180 Days to protect the Company, its Retailers, its Affiliates, or a third-party against the risk of Reversals, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
- Disputes with Retailers. The Company encourages Users to communicate with Retailers directly to manage any purchase disputes. The Company is not a party to any purchase dispute.
Disputes with the Company.
- If a dispute arises with the Company, our goal is to learn about and address your concerns as soon as possible. Disputes with the Company regarding the Services may be reported to Customer Service.
- You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this User Agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and the Company.
AGREEMENT TO ARBITRATE.
- You and the Company each agree that any and all disputes or claims that have arisen or may arise between you and the Company, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS.
- Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this User Agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
- The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at http://www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to the Company should be sent to Four Technologies Inc., Attn: Legal Department, Re: Notice of Dispute, 16855 NE 2nd Ave, Suite 104, North Miami, FL 33162. The Company will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and the Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or the Company shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Company Users but is/are bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to Arbitrate. At your request, the Company will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Company for all fees associated with the arbitration paid by the Company on your behalf that you otherwise would be obligated to pay under the AAA’s rules. With the exception of any of the provisions in subsection (a) of this Section if a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If a court decides that any of the provisions in subsection (a) of this Section is invalid or unenforceable, then the entirety of this Section shall be null and void. The remainder of the User Agreement will continue to apply.
- IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO FOUR TECHNOLOGIES INC., ATTN: LEGAL DEPARTMENT, 16855 NE 2nd Ave, North Miami, FL 33162. You must file any opt-out notice with Customer Service. Opt-outs must include the subject line “Opt-Out” and the email body must include your name, address, phone number, and the email address(es) used to log into the Company account(s) to which the opt-out applies. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you.
- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and the Company. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.PaywithFour.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the thirty-day period, and you will not be bound by the amended terms.
- If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, the Company will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- You agree to defend, indemnify and hold the Company, our parent, Affiliates and the officers, directors, agents, joint ventures, employees and suppliers of the Company harmless from any claim or demand (including attorneys’ fees) made or incurred by any third-party due to or arising out of your breach of this Agreement, your improper use of the Services, and/or your violation of any law or the rights of a third-party.
- If the Company pays out a Refund on a Dispute that you file against a Retailer, you agree that the Company assumes your rights against the Retailer and third-parties related to the payment and may pursue those rights directly or on your behalf, in the Company’s discretion.
- If you have a dispute with one or more Retailers, you release the Company (and our parent, our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. The Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
- This Agreement, along with any applicable policies and agreements on the Legal Agreements page on the Company website, sets forth the entire understanding between you and the Company with respect to the Company Services. Sections which by their nature should survive will survive the termination of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.