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.
1.1 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.
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.
4.1. 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.
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.
7.1. 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.