YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD OR OLDER. ANY ACCESS TO OR USE OF THE SERVICES BY ANYONE UNDER 18 IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR CONTENT THEREIN. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
PLEASE BE AWARE THAT THESE TERMS, BELOW, CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Registration and Your Information
If you want to use the Services, you'll have to create an Account and will have to provide information that will be used to verify your identity. When you present a prepaid card for purchase by Prepaid2Cash, you may be asked to provide additional information to validate the prepaid card or further authenticate your identity. You agree to provide us with accurate, complete and up-to-date information. Information you supply to us will be User Content governed by this Agreement (see Content Ownership, Responsibility and Removal, below). You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook). You represent that you are entitled to disclose your SNS login information to Prepaid2Cash and/or grant Prepaid2Cash access to your SNS account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS account and without obligating Prepaid2Cash to pay any fees or making Prepaid2Cash subject to any usage limitations imposed by such third party service providers.
We have no obligation to provide the Services to anyone. We will, at our sole discretion, purchase qualifying prepaid cards if we determine that our requirements have been satisfied, to our sole satisfaction. We have the right to require you to supply any information we believe is necessary for us to determine if we wish to proceed with a transaction to purchase your prepaid card. We can refuse to purchase a prepaid card for any or no reason, in our sole discretion.
We purchase, at our discretion, only prepaid cards presented by persons residing in the United States that are commonly referred to as "gift" cards, or similar cards received as a consumer incentive, such as rebate cards. These cards must not be reloadable or be issued to an individual named on the card. Further, these cards must be issued on an "open" network such as Visa or MasterCard, American Express, or Discover, which is indicated by the presence on the card of the service mark of the applicable open network. We do not purchase prepaid cards issued to employees by their employers, or cards issued by a governmental agency, insurance company, or transit agency.
We will use information supplied by you to determine, in our sole discretion, if we will purchase your qualifying prepaid card. When you initiate a transaction, in addition to other identification measures, we will place a pre-authorization or "hold" on the funds in your prepaid card for the transaction amount indicated by you at the time the transaction is submitted to us by you, plus any applicable fees. Until the transaction fully settles, the funds subject to the hold will not be available to you for other purposes. In the event either you or we decide not to consummate a transaction, the hold is released approximately 72 hours or when the transaction clears, whichever comes first.
If we decide to purchase a prepaid card, you can elect to receive payment for the purchase by an ACH bank account transfer or "direct deposit" to your bank account, if you supply the necessary bank routing and other bank account information. We will not send payments to any bank account that is not yours, or to any third party on your behalf, at your direction or otherwise.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of and otherwise exploit the Feedback for any purpose, without restriction and without any payment of any kind to you or any third party.
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content you provide during use of the Services.
Prepaid2Cash does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Prepaid2Cash and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available on the Site you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use your User Content, without restriction, in connection with operating and providing the Services and Content.
Rights in Content Granted by Us
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
YIn connection with your use of our Site and Services, you may not and you agree that you agree that you will not to do any of the following:
Prepaid2Cash will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Prepaid2Cash may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Prepaid2Cash may access, preserve and disclose any information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Prepaid2Cash or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Prepaid2Cash, the users, or members of the public. You acknowledge that Prepaid2Cash has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Prepaid2Cash reserves the right, at any time and without prior notice, to remove or disable access to any Content that Prepaid2Cash, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you submit, transmit, distribute or otherwise make available any User Content to Prepaid2Cash, through the Services, by email or by any other means, you grant to Prepaid2Cash a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, which includes rights to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of or to promote or market the Services. You represent and warrant that: (i) you either (a) are the sole and exclusive owner of all User Content that you make available to Prepaid2Cash or (b) you have all rights, licenses, consents and releases that are necessary to grant to Prepaid2Cash the rights to the User Content as contemplated under these Terms; and (ii) neither the User Content nor your submission or transmittal of the User Content or Prepaid2Cash use of the User Content (or any portion thereof) will result in the violation of any applicable law or regulation or infringe upon, misappropriate, or violate a third party’s intellectual property rights of any kind, moral rights, other proprietary rights, or rights of publicity or privacy.
It is Prepaid2Cash’s policy to terminate user privileges of any user who repeatedly infringes copyright upon prompt notification to Prepaid2Cash by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent list below with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Services of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Prepaid2Cash’s Copyright Agent for notice of claims of copyright infringement is as follows: Prepaid2Cash, Attn: Copyright Agent, PO Box 194641 San Francisco, CA.
The Services may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PREPAID2CASH EXPLICITLY DISCLAIMS ANY WARRANTIES OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PREPAID2CASH MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PREPAID2CASH MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
You agree to defend, indemnify and hold harmless Prepaid2Cash and its affiliates, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents (the “Prepaid2Cash Parties”), from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise), including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; or (b) your User Content.
You hereby release the Prepaid2Cash Parties from claims, demands, any and all losses, damages, rights and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage, for any unconscionable commercial practice by any of the Prepaid2Cash Parties or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or Services.
NEITHER PREPAID2CASH NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PREPAID2CASH'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100), PROVIDED THAT NOTHING HEREIN SHALL LIMIT THE OBLIGATION OF PREPAID2CASH TO PAY YOU FOR THE BALANCE ON A PREPAID CARD PURCHASED FROM YOU BY PREPAID2CASH. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PREPAID2CASH AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Prepaid2Cash are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Prepaid2Cash otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Prepaid2Cash otherwise agree, the arbitration will be conducted in San Francisco County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Prepaid2Cash submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The arbitrator will have the authority to award attorney's fees to the prevailing party in the arbitration award.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: PO Box 194641 San Francisco, CA 94104, or by email to email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Prepaid2Cash username (if any), the email address you used to set up your Prepaid2Cash account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Prepaid2Cash.
Notwithstanding the provisions of the "Changes to Terms or Services" section above, if Prepaid2Cash changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Prepaid2Cash's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Prepaid2Cash in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Prepaid2Cash and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Prepaid2Cash and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Prepaid2Cash's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Prepaid2Cash may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Prepaid2Cash under these Terms, including those regarding modifications to these Terms, will be given: (i) by Prepaid2Cash via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Prepaid2Cash's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prepaid2Cash. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please email Prepaid2Cash at email@example.com, or call us 1-800-653-4920, or write us at PO Box 194641 San Francisco, CA 94104.