RETAIL LOCKBOX MERCHANT SERVICES LLC. USER AGREEMENT- Version 1.2 Last Modified:
February 1, 2013
This is an important document which you must consider carefully when choosing whether
to use Paystation.com® or other Retail Lockbox Merchant Services LLC products and
services. You must click “Agree” at the end of this Agreement in order to access
the RLMS Services. This User Agreement ("Agreement") is a contract between you and
Retail Lockbox Merchant Services, LLC (“RLMS”), and applies to your use of or access
to RLMS services, products, and/or websites, including Paystation.com® (“RLMS Services”).
You must read, agree with and accept all of the terms and conditions contained in
this Agreement. If you do not agree to or are not in compliance with these terms,
you can not use the RLMS Services. We may update, amend or modify this Agreement
by posting a revised version on our website. The revised version will be effective
at the time we post it. Your continued use of the RLMS Services signifies your agreement
to be bound by and to comply with such updated Agreement.
1. RLMS Services.
1.1 RLMS is Only a Payment Service Provider. RLMS helps you make payments
to third parties. RLMS is an independent contractor for all purposes, except that
RLMS acts as your agent with respect to authorizing and processing payments pursuant
to your instructions. RLMS does not have control of, or liability for, the products
or services that are paid for with the RLMS Services.
1.2. Account Statement. You have the right to receive an Account statement.
You may view your Account statement by logging into your Account and clicking on
the "View Statements" link.
1.3. Service Interruptions. Although rare, the RLMS Services may be interrupted
for scheduled maintenance or to address unscheduled service interruptions or failures.
RLMS aims to maintain industry standard service availability, however you acknowledge
that the RLMS Services may be temporarily unavailable from time to time.
2. Privacy. Protecting your privacy is important to RLMS. Please review our
privacy policy at https://www.paystation.com/home/privacy in order to better understand
our commitment to your privacy, as well as our use and disclosure of your Information.
3. Account Eligibility and User Obligations.
3.1. Account Eligibility. In order to use RLMS Services, you represent and
warrant that you meet the following qualifications: (1) if you are an individual
person, that you are a resident of the US; (2) if you are an organization, that
you are validly organized under applicable US law, and the person completing this
registration is authorized to enter into contracts on the entity’s behalf; and (3)
you are able to form legally binding contracts under applicable law.
3.2. Your Account is Personal to You; Do Not Authorize Others. You alone
are responsible for maintaining your account information. You also acknowledge that
if you grant permission to a third party to take specific actions on your behalf,
that does not relieve you of any of your responsibilities under this Agreement and
RLMS is responsible only to you, the registered User, for any use or access of the
RLMS Services.
3.3. You are Responsible for Providing Us Accurate Information. When using
the RLMS Services, you agree to (1) provide accurate information to RLMS at all
times and promptly update any information provided, including your profile and/or
any other RLMS account information, (2) keep your access credentials confidential
and secure and to promptly notify RLMS if they are compromised, and (3) promptly
update any compromised credentials to new credentials and take other steps that
you or we may deem necessary to protect your account.
3.4. Protecting Your ID is Your Responsibility. You are responsible for maintaining
adequate security and control of any and all IDs, passwords, personal identification
numbers (PINs), or any other codes that you use to access the RLMS Services.
3.5. User Prohibitions. With regard to your use of the RLMS Services, you
agree not to engage in any of the following activities and that doing so is a breach
of this Agreement:
3.5.1. Violating local, state, or other applicable laws or regulations;
3.5.2. Posting on an RLMS site or transferring to RLMS User Content that infringes
the intellectual property rights, privacy, publicity or other rights of any third
party;
3.5.3. Posting on an RLMS site or transferring to RLMS User Content that is unlawful,
obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third
party as determined in our sole discretion;
3.5.4. Posting on an RLMS site or transferring to RLMS any User Content or materials
to solicit business for yourself or any third party;
3.5.5. Impersonating a third party or implying you are someone other than who you
are;
3.5.6. Distributing viruses or other harmful or malicious computer code;
3.5.7. Collecting information about others without their explicit written consent;
3.5.8. Providing your access credentials and/or otherwise allowing a third party
or third party system to use your identification or to pretend they are you, or
to access your RLMS account; or
3.5.9. Engaging in any conduct that disrupts or impedes a third party’s use and
enjoyment of the RLMS Services, or which, in our judgment, exposes us or any customers,
partners or related entities to liability or detriment of any type. Without limiting
the foregoing, you may not engage or attempt to engage in the practices of "screen
scraping," "database scraping," "data mining" or any other activity with the purpose
of obtaining lists of users or other information from the RLMS Services or that
uses web “bots” or similar data gathering or extraction methods, or knowingly permit
use of your access credentials by another party to do so. You may not obtain or
attempt to obtain any materials or information through any means not intentionally
made available or provided for through the RLMS Services.
4. Processing Payments.
4.1. Payment Methods. For each transaction you authorize, you must select
a payment method: credit card, debit card, or ACH withdrawal from your designated
bank account. RLMS may discontinue or support alternative or additional payment
methods from time to time.
4.2. Payments are in US Dollars. We only process payments denominated in US
Dollars.
4.3. Credit and Debit Card Processing. RLMS will process your credit and
debit card funded transactions through either the ATM debit network or the credit
card network. If your credit card account number changes or your credit card expiration
date changes, you will be responsible to update account information. In addition
to that requirement, we may acquire that updated information from our financial
services partner and update your User account, but you are ultimately responsible
to ensure the latest information is in the system.
4.4. Bank Transfers. For any transaction that you use your bank account as
your payment method, you are requesting an electronic transfer from your bank account.
For these transactions, RLMS will make electronic transfers via ACH from your bank
account in the amount you specify. You agree that such requests constitute your
authorization to RLMS to make the transfers. Once you have provided your authorization
for the transfer, you will not be able to cancel the electronic transfer. You give
RLMS the right to resubmit any ACH debit you authorized that is returned for insufficient
or uncollected funds.
4.5. Stopping a Preapproved Payment. You may stop an authorized payment at
any time up to midnight the day before it is supposed to process. You may see the
X online that indicates the ability to cancel a payment, but cannot guarantee that
the payment will cancel the day it is supposed to process. To stop an authorized
payment, you must access the Online Payment History section of your User account
profile and follow the links to stop the payment. If your payment is a recurring
or subscription payment, once you deactivate the Auto Debit feature, all future
payments to the same payee will be stopped. If you stop a payment you may still
be liable to the payee for the payment or other penalties under the terms of your
agreement with the payee and you may be required to pay the payee through alternative
means.
4.6. Refused and Refunded Transactions. When you send money, the payee or
recipient is not required to accept it. You agree that you will not hold RLMS liable
for any damages resulting from a recipient's or payee’s decision not to accept a
payment made through the RLMS Services. 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.
4.7. You Are Liable for Your Authorized Payments. You are responsible for
all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred
by RLMS, a Provider or a third party caused by or arising out of lack of funds sufficient
to process an authorized payment, your breach of this Agreement, and/or your use
of the RLMS Services. You agree to reimburse RLMS, a Provider, or a third party
for any and all such liability.
5. Connecting with Providers Using RLMS Services for Electronic Delivery.
5.1. Electronic Delivery through RLMS Services. You can use the RLMS Services
to connect (directly or through links within the RLMS Services) to third parties
payees and providers and their websites (“Providers”). When you agree to connect
with a Provider, you are agreeing (1) that the Provider may deliver all account
statements, invoices, documents, notices, and other account information and materials
(“Documents”) to you electronically through the RLMS Service; (2) that the information
delivered may include private, sensitive, and/or confidential information; (3) that
your RLMS User information including your RLMS User ID may be used as your address
of record for that Provider; (4) this electronic delivery satisfies all other requirements,
whether contractual and/or legal, regarding the manner of delivery and/or notification
the Provider may use, including requirements relating to privacy or security, and/or
that communications be in writing; and (5) you release Provider from any obligation
or requirement to send Documents or notifications to you in any other manner (including,
without limitation, in paper form, through the mail or any other means, or otherwise).
In order to access Documents through the RLMS Services, you will need a working
connection to the Internet and must be logged into your RLMS account. You may terminate
a connection with a Provider at any time, and you have an obligation to terminate
a Connection with any Provider from whom you do not want to receive Documents through
the RLMS Services. Your business dealings, communications and relationships with
Providers, and any terms, conditions, warranties, representations, terms of use
and privacy and data practices established by Providers are not the responsibility
of us, but are solely between you and the Provider.
6. Fees.The fees we charge for the RLMS Services are based on whether the
Provider you have selected (either to make a payment or to view Documents through
RLMS’s electronic delivery services) has agreed to pay our fees to enable you to
access the RLMS Services. If you are responsible for payment of our Fees, we will
notify you of the fee amount during the authorization process and you will be prompted
to “Agree” to the fee. All Fees are in U.S. Dollars unless otherwise stated.
7. Content.
7.1. User Content. As between you and us, all User Content is your sole and
exclusive property and you are responsible for it. “User Content” consists of any
information, content or material that you upload, post or transmit to the RLMS Services
other than Submissions identified in Section 7.2 below (“User Content”). Except
as otherwise provided in this Agreement, we will not duplicate or otherwise extract
any content contained in the User Content except to classify and manage within the
RLMS Services or to aggregate User Content with other user content in such a way
that it will not be personally identifiable with you. However, we may use and/or
disclose any information that we reasonably believe is necessary to (1) satisfy
legal requirements or governmental requests, (2) enforce or investigate violations
of these Terms, (3) detect, prevent, or otherwise address fraud, security or technical
issues, (4) respond to your user support requests, or (5) protect the rights, property
or safety of RLMS, our users and the public.
7.2. Submissions. You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information regarding us or the RLMS Services that you
provide to us, whether in email, feedback forms, or other submission format, shall
belong exclusively to us, without acknowledgement or compensation to you. 8. Use
of RLMS Services; Limited License. You are granted a limited, revocable,
non-assignable, non-sublicensable license to access and use the RLMS Services and
all content, data, information and materials included in the RLMS Services (the
"RLMS Services Materials") solely for your own personal use, or if you are a commercial
customer of RLMS, solely in the United States and its territories, and solely for
your internal business use, subject to the terms and conditions set forth in this
Agreement and/or provided in connection with the RLMS Service. All other rights
are reserved by RLMS. You agree that you will not modify, copy, distribute, resell,
transmit, display, perform, reproduce, publish, license, create derivative works
from, frame in another web page, or use the RLMS Service or RLMS Service Materials
in any other manner. You will not use the RLMS Services or any of the RLMS Services
Materials other than for their intended purpose or in any way that is unlawful,
or harms us and/or our suppliers.
8. Use of RLMS Services; Limited License. You are granted a limited, revocable,
non-assignable, non-sublicensable license to access and use the RLMS Services and
all content, data, information and materials included in the RLMS Services (the
"RLMS Services Materials") solely for your own personal use, or if you are a commercial
customer of RLMS, solely in the United States and its territories, and solely for
your internal business use, subject to the terms and conditions set forth in this
Agreement and/or provided in connection with the RLMS Service. All other rights
are reserved by RLMS. You agree that you will not modify, copy, distribute, resell,
transmit, display, perform, reproduce, publish, license, create derivative works
from, frame in another web page, or use the RLMS Service or RLMS Service Materials
in any other manner. You will not use the RLMS Services or any of the RLMS Services
Materials other than for their intended purpose or in any way that is unlawful,
or harms us and/or our suppliers.
9. DISCLAIMERS.THE RLMS SERVICES, THE RLMS SERVICES MATERIALS, AND OTHER
SERVICES, PRODUCTS, MATERIALS OR OTHERWISE PROVIDED IN CONNECTION THEREWITH BY RLMS,
PROVIDERS, OR ANY OTHER THIRD PARTY (THE “MATERIALS”) ARE PROVIDED ON AN "AS IS"
AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
RLMS, PROVIDERS AND ALL OTHER THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RLMS, PROVIDERS AND ALL OTHER
THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS
THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE
WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE MATERIALS IS SAFE, RLMS DOES NOT
REPRESENT, WARRANT OR COVENANT THAT THE MATERIALS OR THE RLMS OR THIRD PARTY SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability.,"IN NO EVENT WILL RLMS, PROVIDERS, OR OTHER
THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS
OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE RLMS SERVICES OR THIS
AGREEMENT. IN ANY EVENT, THE MAXIMUM LIABILITY OF RLMS, ITS PROVIDERS AND OTHER
THIRD PARTIES ARISING WITH RESPECT TO THE MATERIALS OR OTHERWISE, WHETHER UNDER
CONTRACT, TORT OR ANY OTHER BASIS SHALL NOT EXCEED THE GREATER OF $1,000 OR THE
TOTAL PAYMENT MADE BY YOU TO RLMS.
11. Indemnification. You agree to indemnify and hold RLMS, each Provider,
their respective, affiliates, directors, officers, managers and agents, and all
other third parties harmless from and against any and all claims, liabilities and
damages (including, but not limited to reasonable attorneys' fees and legal costs)
of any nature whatsoever related to your breach of this Agreement and/or your use
of the RLMS Services. You further agree that neither RLMS nor any Provider will
be liable for any loss, liability, cost, expense, or claim for acting upon your
authorization to connect with or to pay Providers pursuant to this Agreement.
12. Suspension of Access to Your Account.
12.1. Account Suspension. We can suspend access to your account on the RLMS
Services if, in our sole discretion, we believe (1) there is risk to the security
or privacy of your account; (2) there is a threat to the security or integrity of
RLMS’s network or the RLMS Services; (3) suspension is needed to protect the rights,
property or safety of RLMS, our users and/or the public; (4) there is a basis for
termination of your account; or (5) we are required to by law.
12.2. Notice of Suspension. We will provide you notice in the event of any
suspension. During such suspension, you will not have the ability to use or access
the RLMS Services and other information contained or stored by you in, or as part
of, the RLMS Services will no longer be accessible to you. Any suspension of your
access to the RLMS Services will not limit or waive our rights to terminate your
access to the RLMS Services. At the point we determine, in our sole discretion,
that the reason for suspension of access to your account has been resolved, we will
restore access to your account.
13. Termination of Your Account. You may cancel your RLMS account at any
time. We may cancel your access to the RLMS Services (1) immediately if you breach
this Agreement, (2) upon 30 days notice if your RLMS account has been inactive for
at least 1 year, or (3) if required by law. We will provide you notice if we cancel
your account. This Agreement terminates upon cancellation of your account. From
the effective date of termination of this Agreement, you will not have the ability
to use or access the RLMS Services and other information contained or stored by
you in, or as part of, the RLMS Services will no longer be accessible to you. Upon
termination, RLMS has no obligation to store your data, but may do so to comply
with legal or business requirements for a reasonable time after termination. The
following sections shall survive termination of this Agreement: Content, User Prohibitions,
Submissions, Disclaimer, Limitation of Liability, Indemnification, Applicable Law
and Venue, General Terms, and Copyright, Trademark and Patent Notices
14. Disputes with RLMS.
14.1. Governing Law. This Agreement is governed by and shall be construed
in accordance with the laws of the State of Washington, applicable to agreements
made and entirely to be performed within the State of Washington, without resort
to its conflict of law provisions.
14.2. Jurisdiction and Venue. You agree that any action at law or in equity
arising out of or relating to these Terms can be filed only in state or federal
court located in Seattle, Washington, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these Terms.
14.3. Waiver of Rights. You acknowledge and understand that, with respect
to any dispute with us, our officers, directors, employees, or agents, arising out
of or relating to your use of the RLMS Services or the Terms, (1) YOU ARE GIVING
UP YOUR RIGHT TO HAVE A TRIAL BY JURY, and (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE
AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT
INVOLVING ANY SUCH DISPUTE.
15. General Terms. If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Terms will continue
in effect. You may not assign this Agreement, or assign, transfer or sublicense
your rights, if any, in the RLMS Services. Except as expressly stated in another
written agreement between you and us, the Terms constitute the entire agreement
between you and us with respect to the RLMS Services. You agree and consent to receive
communications from us via each of the following methods: by posting or making available
such communication within the RLMS Services or by sending such communication to
the email address you provided as part of your account. You agree that all agreements,
notices, disclosures and other communications that we may provide to you electronically
satisfy any legal requirement that such communications be in writing.
16. Credit Card Refund Policy.The company that you are paying on this website
has the following credit card refund policy. Refunds given 60 days from the date
of the transaction. Refunds could result in the retroactive termination of benefits.
17. Copyright, Trade Secret, Trademark and Patent Notices.
Portions of the RLMS Services are protected by RLMS intellectual property rights
and unless otherwise explicitly indicated in the RLMS Services, the RLMS Services
Materials and the selection and arrangement thereof are the proprietary property
of RLMS and its suppliers and are protected by U.S. and international copyright
and trade secret laws. The RLMS name, paystation.com® and any RLMS products and services
slogans or logos referenced herein are either trademarks or registered trademarks
of RLMS in the United States and/or other countries. The names of Providers and
other third party companies and products may be the trademarks of their respective
owners. Any rights not expressly granted herein are reserved. If you are a copyright
owner and believe your copyrighted material has been used on the RLMS Services in
a manner that constitutes copyright infringement, please report the violation to
our designated copyright agent by sending written notice to Retail Lockbox Merchant
Services LLC. Notice: Infringement, PO Box 84451, Seattle, WA 98124. Please include
the following information: (1) a detailed description of the allegedly infringed
copyrighted material, (2) a description of the location of such material on the
RLMS Services, (3) your contact information, including address, telephone number,
and email address (if any), (4) your statement that you have a good faith belief
that the allegedly infringing use is not authorized by the copyright owner, its
agent or the law, (5) your statement, made under penalty of perjury, affirming that
the information in your notice is accurate and that you are authorized to act on
the copyright owner’s behalf, and (6) an electronic or physical signature of the
copyright owner or someone authorized on the owner’s behalf to assert copyright
infringement and to submit the statement. For additional information regarding the
enforcement of copyrights, you may review the U.S. Digital Millennium Copyright
Act codified at 17 U.S.C. § 512. RLMS is a “service provider” as that term is defined
in 17 U.S.C. §§ 512(k)(1)(A) and 512(k)(1)B), providing transmission, routing, or
connections for digital online communications, between or among points specified
by a user, of material of the user’s choosing, without modification to the content
of the material as sent or received.