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Welcome
to FairwayPay Digital Checks!
Thank
you for using the FairwayPay Digital Checks("Digital Checks")
products and services ("Services"). By using the Services through our
Website or Mobile App, you agree to the following terms ("Terms").
Please read them carefully and save a copy for your records.
1.
HOW TO CONTACT US
If
you have questions about our eChecks service, you may contact us at:
Telephone: 888-642-4325 M-F 7AM-10PM
ESTSat8AM-4:30PM EST, excluding federal holidays
Website: https://fairwaypay.com
Mailing
Address: 46701 Commerce Center Dr., Plymouth, MI 48170 Attn: Digital
Checks
You
should contact us immediately at the telephone number above if you become aware
of any unauthorized or incorrect eCheck transaction.
2.
SCOPE OF TERMS
2.1.
As used herein, "FairwayPay", "we", "us",
"our" refers to FairwayPay and its affiliates, representatives and
service providers. "You" or "your" refers to the person
using the Services, whether as a Sender or Receiver, individually or on behalf
of any business entity you are representing, if any. "Digital Checks"
refers to a check payment initiated by a Sender and electronically delivered to
a designated Receiver for printing and deposit. "Bank" means the
banking institution holding a Sender’s enrolled Checking Account(s).
"Checking Account" means any U.S.-based checking account designated
and owned by the Sender or the business entity Sender is representing that has
been verified by us. "Receiver" has the meaning set forth in Section
4 below. "Sender" has the meaning set forth in Section 5 below.
2.2.
These Terms govern the availability and use of the Services. The Services are
offered only to residents of the United States who can form legally binding
contracts under applicable law. Without limiting the foregoing, the Services
are not offered to minors. Your use of the Services is governed by the Terms
contained herein and the following, which are considered part of these Terms:
(i) any other terms, conditions or instructions appearing or presented on a
screen when enrolling for, accessing, or using any of the Services; (ii) our
rules, procedures and policies, as amended from time to time, that apply to any
of the Services; and (iii) state and federal laws and regulations, as
applicable. Each Checking Account a Sender enrolls in connection with the
Services will also continue to be subject to any other terms and conditions
provided by Senders Bank, and Sender agrees to be bound by and comply with such
other terms and conditions.
2.3.
UNLESS OTHERWISE SPECIFIED, THESE TERMS SHALL APPLY WHETHER YOU ARE USING THE
SERVICE AS A SENDER OR RECEIVER.
3.
FEES FOR USING SERVICE
3.1.
FEES PAYABLE BY SENDER. Applicable fees for using the Services to send Digital
Checks will be disclosed to you when you enroll for the Services as a Sender.
Any applicable fees will be charged regardless of whether the Services were
used by Sender, except for fees that are specifically use-based. There may be a
charge for additional transactions and other optional services. Sender agrees
to pay such charges via a Digital Checks made payable to us pursuant to our
instructions. Any fees associated with Senders’ Checking Accounts will continue
to apply. Sender is responsible for any and all telephone access fees and/or
Internet service fees that may be assessed by Senders’ telephone and/or
Internet service provider while using the Service.
3.2.
FEES PAYABLE BY RECEIVERS. FairwayPay does not currently assess any fees to
Receivers of Digital Checks who utilize the standard Digital Check print
option. However, if we make available and a Receiver elects to use an
alternative funding option to receive payment on a Digital Check, fees may
apply depending on which funding option the Receiver selects. Such fees will be
disclosed at the time such alternative funding option, if any, is presented to
the Receiver. Receiver is responsible for any and all telephone access fees
and/or Internet service fees that may be assessed by Receivers telephone and/or
Internet service provider while using the Service.
4.
TERMS APPLICABLE TO DIGITAL CHECK SENDERS
The
following terms apply if you use the Service to send a payment via Digital
Check (a "Sender"):
4.1.
You may use the Services to send Digital Checks to Receivers, as permitted by
normal operation of the Website or the Mobile App, to be drawn against your
eligible Checking Accounts. Digital Checks must be drawn on financial
institutions located in the United States and must be payable in U.S. Dollars to
Receivers in the United States. To send a Digital Check, you will need to
provide the Receivers name and email address. You agree that you are
responsible for complying with all applicable laws related to your use of the
Services, regardless of the purpose of the use.
4.2.
Currently, our Service may be used solely by businesses to send Digital Checks
to other businesses or consumers. By using the Service to send Digital Checks,
you represent and warrant to us that the Services will be used solely for business
purposes.
4.3.
You will need a Digital Check Sender Account to create and send Digital Checks
using the Services. You will be asked to create a Digital Check Sender Account
as part of your enrollment for the Services as a Sender. A "Digital Check
Sender Account" is a notional account maintained for recordkeeping
purposes only and cannot be used to store or maintain any funds. The Digital
Check Sender Account allows Senders to send Digital Checks, void Digital
Checks, view and export Digital Check remittance information, and review the
status and history of their Digital Checks. You may create your own Digital
Check Sender Account, or it may be assigned to you by an Administrator acting
on behalf of a Sender. If you are using a Digital Check Sender Account assigned
to you by an Administrator, your Administrator may be able to access or disable
your Digital Check Sender Account. You are responsible for maintaining the
confidentiality of your username and password for your Digital Check Sender
Account. It is advisable to change your password regularly (by following the
instructions on our Website) in order to reduce the risk of a security breach.
We cannot and will not be held responsible for the use, misuse, or disclosure
by you to others of your username, password or Digital Check Sender Account.
You must immediately tell us if you discover your user name, password or other
means to access your Digital Check Sender Account has been lost or stolen so
that we can disable your Digital Check Sender Account. If you learn of any
unauthorized use of your username, password or Digital Check Sender Account,
change the password on your Digital Check Sender Account and contact us
immediately at the phone number above. You agree that it is your sole
responsibility to ensure that the contact information in your Digital Check
Sender Account is current and accurate at all times. This includes, but is not
limited to, name, address, phone numbers, checking account information and
email addresses. Changes can be made either within our Website or by contacting
us at the phone number above. All changes made are effective immediately. We
are not responsible for any transfer processing errors or fees incurred if you
do not provide accurate bank account or contact information.
4.4.
When you initiate a Digital Check as part of your use of the Services, you are
also inherently granting all rights and licenses necessary for the Receiver (or
its designated representative) to act as your agent for purposes of continuing
the processing of the initiated Digital Check and for the Receiver (or its
designated representative) to print a physical representation of the Digital
Check(i.e., a paper check) on your behalf.
4.5.
You understand and agree that each initiated Digital Check is registered with a
fraud prevention component of the Services. This fraud prevention component
allows any party with an internet connection to verify data on the initiated
Digital Check. FairwayPay does not publish any information about your Digital
Check, only whether data supplied by a verifying party pertains to an Digital
Check registered with us.
4.6.
You may request to void a Digital Check through the Website or the Mobile App
provided the Digital Check has not already been retrieved by the Receiver.
Although we will make every effort to accommodate a void request, we will have
no liability for failing to do so. We may not have a reasonable opportunity to
act on any void request prior to the Digital Check being retrieved. To stop
payment on a Digital Check that has already been retrieved by the Receiver, you
must either contact the Receiver of the Digital Check directly and request that
they return or destroy all representations of the initiated Digital Check in
their possession, or, to the extent that the Receiver has already presented the
Digital Check to a banking institution for settlement, you should institute a
standard stop payment order with your Bank. You should also contact us by
telephone so that we can attempt to designate all attempts to verify this Digital
Check as invalid. You are responsible for all charges from your Bank connected
with initiated Digital Checks or attempts to stop payment on a Digital Check.
4.7.
You should check your transaction history for your Checking Accounts and
Digital Check Sender Accounts regularly. If your transaction history shows a
Digital Check that you did not authorize, you must tell us and your Bank at
once. Except as otherwise described in these Terms, we are not liable for any
damages or loss arising from someone accessing your Digital Check Sender
Account or Checking Accounts through the Services without your permission.
4.8.
In using the Services, you are initiating a check-based payment from your
Checking Account. Before making a payment, you must ensure sufficient funds are
available in your Checking Account. If we are unable to complete an initiated
Digital Check for any reason associated with your designated Checking Account
(for example, there are insufficient funds in your Checking Account to cover
the Digital Check), the Digital Check may not be processed. You are responsible
for all returned item charges, overdraft charges and other bank fees imposed by
the Bank holding your Checking Accounts associated with any Digital Checks
initiated on your behalf using our Services.
4.9.
The Digital Checks you initiate are dependent upon several things, including
the accuracy of your Checking Account information and the accuracy of the
Receiver information. You must ensure that the payment details you enter for
each Digital Check are correct and complete. We will not be responsible for any
errors in the information that you provide to us. You are solely responsible
for the accuracy of the information you provide in connection with Digital
Checks you initiate with the Services.
4.10.
We reserve the right to refuse to initiate any Digital Check that you may
request using the Services for any reason, at our sole discretion. We will
notify you promptly if we decide to refuse to continue initiation of a Digital
Check through the Services. This notification is not required if you attempt to
make a prohibited transfer under these Terms.
4.11.
You represent and warrant that: (1) no intended recipients of eChecks initiated
by you are or will be located in a country that is subject to a U.S. Government
embargo, or designated by the U.S. Government as a "terrorist
supporting" country; (2) your intended recipients of Digital Checks
initiated by you are not listed on any U.S. Government list of prohibited or
restricted parties; (3) you own all right, title and interest in and to, or
have permission to use, all trademarks, service marks or logos or other
intellectual property or proprietary rights that you may upload as part of your
use of the Service; and (4) your use of the Service will not damage or disrupt
any application or service provided under these Terms, including but not
limited to: the introduction of any viruses, Trojans, time-bombs, spyware and
other devices.
4.12.
If you are using our Services on behalf of a business entity, the individual
that enrolls initially for our Services on behalf of the business entity
("Administrator") will have administrative authority to designate
other authorized users to access the Services on behalf of the business entity
(each an "Authorized User"). For each Authorized User, the
Administrator may assign access privileges transactional or inquiry only - for
each Checking Account associated with the Digital Check Sender Account
established by the Administrator. If an Authorized User is provided transactional
authority to initiate Digital Check transactions, we shall be authorized to act
upon and shall not be liable for any such transaction instructions. The
Administrator may add or delete Authorized Users of the Services or modify
access privileges for Authorized Users at any time through the Administrators
Digital Check Sender Account. Such requests will not take effect until we have
had a reasonable period of time to act upon such requests. If you permit
another person to access the Services, we will treat this as if you have
authorized such use, and you will be liable for all transactions and fees
incurred by such use.
4.13.
FairwayPay may offer Senders access to plugins for QuickBooks, Microsoft Excel,
and Microsoft Dynamic GP (together with Microsoft Excel, the "Microsoft
Software", and together with QuickBooks, "Accounting Software"),
which allow Senders to automatically add eCheck transaction information into
their Accounting Software. Use of any such plugin shall be subject to any
additional terms presented to you at the time you request to download such
plugin.
5.
TERMS APPLICABLE TO DIGITAL CHECK RECEIVERS
The
following terms apply if you use the Services to receive a payment via eCheck
(a "Receiver").
5.1.
As a Receiver of a Digital Check, you agree that you will print the Digital
Check in conformance with any check printing instructions we provide to you. We
recommend printing your Digital Check using a standard laser copier and white
laser paper.
You
agree to present the Digital Check only once for payment. You agree and
acknowledge that multiple presentments of a Digital Check constitutes fraud and
you agree to refrain from any such activity. You agree to not alter or conceal
any portion of the Digital Check item you receive, including any comments,
coding, instructions or disclaimers accompanying your Digital Check. These
instructions can include, but are not limited to, a disclaimer regarding your
authorization as the Receiver to act as the Senders agent for purposes of
printing any physical representation of the Digital Check.
5.2.
As a Receiver of a Digital Check, you will be provided the option of
establishing a Digital Check Receiver Account. In some cases, depending on the
type of Digital Check payment or funding options made available to you, you may
be required to establish an Digital Check Receiver Account to retrieve your
Digital Check and view accompanying remittance information. We will notify you
of this requirement, if applicable. A Digital Check Receiver Account will
automatically be established for all Senders of Digital Checks upon completion
of the Senders enrollment for the Services. A "Digital Check Receiver
Account" is a notional account maintained for recordkeeping purposes only
and cannot be used to store or maintain any funds. The Digital Check Receiver
Account allows Receivers to review and download the status and history of their
Digital Checks and accompanying remittance information and take action to
retrieve their Digital Checks. You may create your own Digital Check Receiver
Account, or it may be assigned to you by an Administrator acting on behalf of a
Receiver. If you are using a Digital Check Receiver Account assigned to you by
an Administrator, your Administrator may be able to access or disable your
Digital Check Receiver Account. You are responsible for maintaining the
confidentiality of your username and password for your Digital Check Receiver
Account. It is advisable to change your password regularly (by following the
instructions on our Website) in order to reduce the risk of a security breach.
We cannot and will not be held responsible for the use, misuse, or disclosure
by you to others of your username, password or Digital Check Receiver Account.
You must immediately tell us if you discover your user name, password, or other
means to access your eCheck Receiver Account has been lost or stolen so that we
can disable your Digital Check Receiver Account. If you learn of any
unauthorized use of your username, password, or Digital Check Receiver Account,
change the password on your Digital CheckReceiver Account and contact us
immediately at the phone number above. You agree that it is your sole
responsibility to ensure that the contact information in your Digital Check
Receiver Account is current and accurate at all times. This includes, but is
not limited to, name, address, phone numbers, checking account information, and
email addresses. Changes can be made within our Website. All changes made are
effective immediately.
6.
DIGITAL CHECK MOBILE APPLICATION
6.1.
For purposes of these Terms, "Mobile App" means the FairwayPay
Digital Check mobile application that we may provide, and that you can
download, enabling you to access the Services through your Mobile Device. The
Mobile App can be downloaded from the App Store or Google Play Store.
"Mobile Device" means a cellular telephone or similar wireless
communication device, including, but not limited to, a tablet or similar
device, onto which you have downloaded our Mobile App.
6.2.
Our Mobile App is offered as a convenient and supplemental means of accessing
the Services. Our Mobile App may be used only by those individuals and entities
who have enrolled for our Services. Many, but not all, of the Services
available through our Website will be available through the Mobile App. Such
Services when accessed through our Mobile App will be subject to the same terms
and limitations described in these Terms. You may determine which Services are
available through our Mobile App at any time by logging into the Mobile App.
6.3.
When you download our Mobile App, we grant you a limited, non-exclusive,
non-transferable, non-sublicenseable, revocable license to use the Mobile App
for solely for the purposes of accessing the Services. Your access to the
Mobile App may be terminated without warning if we believe, in our sole
discretion, that you have violated any of the terms of these Terms. As a
condition to using the Mobile App, you consent to receiving text messages and
Mobile App notifications on your Mobile Device from us related to your use of
the Services. If at any time you revoke this consent, we may suspend or cancel
your ability to use the Mobile App.
6.4.
The Services can be accessed through the Mobile App using the same security
credentials (username and password) as your Digital Check Sender Account or
Digital Check Receiver Account, as applicable. We do not specifically warrant
that our Mobile App will be available at all times. During times when our
Mobile App is not available, you may be able to obtain information about or use
the Services by visiting our Website or calling us at the telephone number
above. We do not guarantee functionality of Mobile App (or any specific
software that we provide with respect to Mobile App) on all Mobile Devices, on
all communication networks, in all geographic regions, or at all times. We may
elect to modify, expand or discontinue the Mobile App (or any of the Services
that we provide, from time to time, through Mobile App) at any time without
notice to you except as required by law. We make no representation that any
content or use of the Mobile App is available for use in locations outside of
the United States. Accessing the Mobile App from locations outside of the
United States is at your own risk. By using these services when they become available,
you agree to be bound by the rules that will be made available to you
concerning these services. We reserve the right to refuse to make any
transaction you request through the Mobile App.
6.5.
You understand you must, and hereby agree, at your sole cost and expense, to
use a Mobile Device that meets all technical requirements for the proper
delivery of Mobile App services and that fulfills your obligation to obtain and
maintain secure access to the Services. You understand and agree you may also incur,
and shall pay, any and all expenses related to the use of your Mobile Device,
including, but not limited to, wireless carrier service or Internet service
charges. We are not responsible for, and you hereby release us from, any and
all claims or damages resulting from, or related to, any computer virus or
related problems that may be associated with using your Mobile Device,
electronic mail, or the Internet. We are not responsible for, and you hereby
release us from, any and all claims or damages resulting from, or related to,
defects in or malfunctions of your Mobile Device, or failures of or
interruptions in any electrical, wireless carrier, or Internet services.
6.6.
You must install any and all software updates to continue to use the Mobile
App. You may not: (i) republish, redistribute, re-transmit, reverse engineer,
or decompile the Mobile App; (ii) copy or store the Mobile App other than for
your use in accordance with these Terms; or (iv) attempt to circumvent security
or interfere with the proper working of the Mobile App or any servers for which
it communicates. All intellectual property rights including all patents, trade
secrets, copyrights, trademarks, and moral rights in the Mobile App (including
text, graphics, software, photographs and other images, videos, sound,
trademarks and logos) are owned by us or our licensors. We reserve all rights
not expressly granted to you.
7.
USING THE SERVICES
7.1.
Your enrollment in, or use of the Services may not be fulfilled if we cannot
verify your identity or other necessary information.
7.2.
You may use the Services only in accordance with these Terms and as permitted
by law, including applicable export and re-export control laws and regulations.
7.3.
It is your responsibility to determine what, if any, taxes apply to Digital
Checks you make or receive, and it is your responsibility to collect, report
and remit the correct tax to the appropriate tax authority. We are not
responsible for determining whether taxes apply to your Digital Checks or for
collecting, reporting or remitting any taxes arising from your eChecks.
7.4.
If you are using the Services on behalf of a business, you represent that you
are authorized to bind the business on its behalf, and that the business
accepts and agrees to be bound by these Terms.
8.
THIRD PRODUCTS
8.1.
Third-Party Products. Through our Website or Mobile App, we may offer
information, software, commentary, tools, products or services supplied by
companies not affiliated with us ("Third Party Products"). We dont
own any interest in, edit, review or endorse any Third-Party Products. You
agree that we make no warranties and shall have no liability as to any
Third-Party Products you review, download or otherwise use in connection with
our Services.
9.
WARRANTIES AND DISCLAIMERS
9.1.
FairwayPay makes no representation or warranty with respect uptime or
availability of the Services. Internet and wireless connections can fail, power
outages can happen, and your access to the Services may be interrupted through
no fault of FairwayPay or through our regular updates and maintenance of the
Services. FairwayPay is not responsible for any loss or damage as a result of
your inability to access or use the Services.
9.2.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER FAIRWAYPAY, NOR ITS
SUPPLIERS, DISTRIBUTORS OR ANY THIRD PARTIES MAKE ANY SPECIFIC WARRANTIES ABOUT
THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, AND ANY SUCH WARRANTIES ARE HEREBY
DISCLAIMED. WE PROVIDE THE SERVICES "AS IS".
10.
INDEMNIFICATION AND RELEASE
10.1.
You agree to defend, indemnify and hold harmless FairwayPay and our affiliates,
service providers and each such partys respective officers, directors, agents,
employees, representatives, and contractors, from any loss, damage, claim or
demand (including attorneys' fees) made or incurred by any third party due to
or arising out of your breach of these Terms and/or your use of the Service.
10.2.
If you have a dispute with one or more other users of the Services or your
Bank, you release us and our affiliates and service providers and the employees
and contractors of each of these, from any and all claims, demands and damages
(actual and consequential) of every kind and nature arising out of or in any
way connected with such disputes.
11.
LIABILITY
11.1.
Except as otherwise described herein, FairwayPay and its subsidiaries,
affiliates and agents and its and their officers, directors, employees, agents,
partners and licensors will not be liable to you for any special, indirect,
incidental, consequential, punitive, reliance or exemplary damages, or any
other losses or liability resulting from or related to the Services, even if
advised of the possibility of such damages.
11.2.
FairwayPay’s liability and your exclusive remedy related to non-performance of
any Service shall be: (i) for FairwayPay to re-perform, repair, or replace the
Service, or (ii) where reperformance, repair, or replacement is not
practicable, the total liability of FairwayPay and its suppliers and
distributors shall be limited to your actual documented damages not to exceed
the fees paid by you for the non-performing Services.
11.3.
We shall not be liable for any disruption or impairment of the Services or for
disruptions or impairments of intermediary services on which we rely for the
performance of our obligations hereunder that are beyond our reasonable control
or the control of the intermediary affected.
11.4.
Nothing in these Terms shall operate to exclude liability for any statutory
liability that cannot be excluded or amended by agreement between the parties.
12.
PRIVACY POLICY
12.1.
FairwayPay's privacy policy (the "Privacy Policy") explains how we
treat your personal data and protect your privacy when you use the Services. By
using the Services, you agree that FairwayPay can use such data in accordance
with the Privacy Policy, which may be changed from time to time in our
discretion.
13.
INTELLECTUAL PROPERTY
13.1.
Using the Services does not give you ownership of any intellectual property
rights in the Services. You may not use content from the Services unless you
obtain permission from its owner or are otherwise permitted by law. These Terms
do not grant you the right to use in any way any of our trademarks, trade
dress, branding, images, graphics, copyrights or logos used in the Services. Do
not remove, obscure, or alter any legal notices displayed in or along with the
Services.
13.2.
All marks and logos related to FairwayPay, LLC, FairwayPay Digital Check, and
the Services, are either trademarks or registered trademarks of us or our
licensors. In addition, all page headers, custom graphics, and scripts are our
service marks, trademarks, and/or trade dress, and some information on this
site may be our protected copyrights. You may not copy, imitate, or use any of
the above without our prior written consent, which we may withhold in our sole
discretion, and you may not use them in a manner that is disparaging to us or
the Services or display them in any manner that implies our sponsorship or
endorsement.
13.3.
All right, title and interest in and to the Services, the technology related to
the Services, and any and all technology and any content created or derived
from any of the foregoing, is our exclusive property. Moreover, any
suggestions, ideas, notes, drawings, concepts, or other information you may
send to us through or regarding the Services shall be considered an
uncompensated contribution of intellectual property to us, shall also be deemed
our exclusive intellectual property, and shall not be subject to any obligation
of confidentiality on our part. By submitting any such materials to us, you
automatically grant (or warrant that the owner of such materials has expressly
granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed, and you warrant that all "moral rights" in those
materials have been waived, and you warrant that you have the right to make
these warranties and transfers of rights.
13.4.
FairwayPay gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by FairwayPay as part
of the Services. This license is for the sole purpose of enabling you to use
and enjoy the benefit of the Services, in the manner permitted by these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Services or
included software, nor may you reverse engineer or attempt to extract the
source code of that software, unless applicable law prohibits those
restrictions or you have our written permission.
14.
PROHIBITED TRANSACTIONS
14.1.
You are prohibited from using the Services for activities that: (a) violate any
law, statute, ordinance or regulation or these Terms; (b) violate any property
or proprietary right of any third party, including any copyright, trademark, or
right of publicity or privacy under the laws of any jurisdiction; (c)
facilitate any viruses, Trojan horses, worms or other computer programming
routines or malicious software that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information; (d) use
any robot, spider, other automatic device, or manual process to monitor or copy
the Services; (e) constitute use of any device, software or routine to bypass
technology protecting the Services, or interfere or attempt to interfere, with
the Services; or (f) may cause us or our service providers to lose any of the
services from our Internet service providers, payment processors, or other
vendors.
14.2.
In no event shall we or our service providers be liable for any claims or
damages resulting from or related to your violation of the acceptable uses of
the Services or these Terms. We and our service providers reserve the right to
monitor and remove any comments you post or submit through the Services, in our
discretion.
14.3.
You also acknowledge that the Services may be subject to U.S. and foreign laws
and regulations governing the export of software by physical or electronic
means. You agree to comply with all applicable US and foreign laws and any
destination restrictions imposed by U.S. and foreign governments.
15.
MODIFICATION, TERMINATION AND SUSPENSION
15.1.
We are constantly changing and improving the Services. We may add or remove
functionalities or features, and we may suspend or stop some or all of the
Services altogether without notice to you except when required by law.
15.2.
We may modify these Terms at any time in our sole discretion without prior
notice to you except when required by law. You should look at the terms
published on our Website regularly, where we will post notice of modifications
to these Terms. If you do not agree to the modified terms for the Services, you
should discontinue your use of the Services. Your continued use of the Services
after any changes to these Terms shall constitute your consent to such changes.
15.3.
You can terminate or ceasing using the Services at any time. If we have reason
to believe that you have engaged in any prohibited activities referenced or
described in these Terms or have otherwise breached your obligations under
these Terms, we may terminate, suspend or limit your access to or use of the
Services; notify law enforcement, regulatory authorities, impacted third
parties, and others as we deem appropriate; refuse to provide the Services to
you in the future; and/or take legal action against you. In addition, we, in
our sole discretion, reserve the right to terminate these Terms and/or use of
the Services for any reason and at any time. Neither termination nor suspension
shall affect your liability or obligations under the Terms.
15.4.
If any Digital Checks initiated by you are still pending at the time the
Services are terminated by you or us, such Digital Checks may still be
retrieved and presented by Receivers for settlement against your Checking
Account. See Section 4.6 above on how to void or stop payment on pending
Digital Checks.
15.5
These Terms of Service remain in effect until canceled by either party, as
provided herein (the "Term"). FairwayPay may cancel these Terms of
Service or any aspect of the Service at any time upon ten (10) days advance notice
for any reason. FairwayPay may cancel these Terms of Service with You or any
aspect of the Service provided to You immediately if You breach any obligations
required of You in these Terms of Service, or any of the documents described
herein.
You
may cancel or terminate Your account and use of the Service at any time, in
which case, You must cease using the Service. Cancellation or termination of
Your enrollment or account must be made in writing and/or sent via email to
FairwayPay at cancel@fairwaypay.com. Notwithstanding the
foregoing, cancellation of the Invoice Service and/or Payment Service may
require Your completion of certain forms designated by the applicable payment
processor(s).
16.
HOW WE COMMUNICATE; NOTICES
16.1.
If you provide us with your mobile phone number, you expressly agree that you
are providing this phone number for us or any third party acting on our behalf
to contact you at this number. You agree that we may use this number to contact
you for any business purpose about the Services and you agree to be responsible
for any fees or charges you incur as a result of providing this information.
You agree that we may contact you from time to time regarding the Services in
any manner we choose unless applicable law says we cannot. For example, we may
contact you by mail, telephone, email, fax, recorded message, text message, and
by using an automated dialer device. We may monitor or record any conversation
or other communication with you.
16.2.
You agree that we may provide notice to you by posting it on the Website,
sending you an in-product message within the Services, emailing it to an email
address that you have provided us, or by mailing it to any postal address that
you have provided us. All notices provided by us shall be deemed received by
you no later than twenty-four (24) hours after they are sent or posted, except
for notice by postal mail, which shall be deemed received by you no later than
three (3) business days after it is mailed.
17.
MISCELLANEOUS
17.1.
No person other than you shall have any rights under these Terms. This
Agreement and all the terms and provisions herein shall be binding upon, and
shall inure to the benefit of, the parties hereto and their respective
successors and assigns. This Agreement shall not be construed to confer any
rights or remedies upon any person not a party to this Agreement, whether as a
third party beneficiary or otherwise. You may not transfer or assign any rights
or obligations you have under this agreement without our prior written consent,
which we may withhold in our sole discretion. We reserve the right to transfer
or assign this agreement or any right or obligation under this agreement at any
time to any party. We may also assign or delegate certain of our rights and
responsibilities under these Terms to independent contractors or other third
parties. If any part of these Terms is found by a court of competent
jurisdiction to be invalid, unlawful or unenforceable then such part shall be
severed from the remainder of the Terms, which shall continue to be valid and
enforceable to the fullest extent permitted by law.
17.2.
If there is a conflict between these Terms and any other supplemental terms
provided to you or displayed on the Website or Mobile App, the supplemental
terms will control with respect to any Services specifically described in such
terms.
17.3.
The laws of the state of Michigan, without regard to its conflict of law
provisions, will apply to any disputes arising out of or relating to these
terms or the Services. All claims arising out of or relating to these terms or
the Services will be litigated exclusively in the federal or state courts of
Oakland County, Michigan, and you and FairwayPay consent to personal
jurisdiction in those courts.
17.4.
FairwayPay shall not be deemed to have waived any of our rights or remedies
hereunder unless such waiver is in writing and signed by one of our authorized
representatives. No delay or omission on our part in exercising any rights or
remedies shall operate as a waiver of such rights or remedies or any other
rights or remedies. A waiver on any one occasion shall not be construed as a
bar or waiver of any rights or remedies on future occasions.
18.
ARBITRATION
You
and FairwayPay agree that any and all disputes, claims or controversies arising
out of or related to the use of the Site, the provision of the Service or these
Terms of Service, including any claims under any statute or regulation
("Disputes"), shall be submitted for binding arbitration. Unless the
parties agree otherwise, any arbitration shall take place in the State of
Michigan, County of Wayne, and shall be administered by, and pursuant to the
commercial arbitration rules of, the American Arbitration Association.
Disputes
shall be arbitrated on an individual basis. There shall be no right or
authority for any Disputes to be arbitrated on a class action basis or in a
purported representative capacity on behalf of the general public or other
persons or entities similarly situated. The arbitrator’s authority to resolve
Disputes and to make awards is limited to Disputes between You and FairwayPay
alone, and is subject to the limitations of liability set forth in these Terms
of Service. Disputes brought by either You or FairwayPay against the other
party may not be joined or consolidated in arbitration with disputes brought by
or against any third party, unless agreed to in writing by You and FairwayPay.
No arbitration award or decision on any disputes shall be given preclusive
effect as to issues or claims in any dispute with anyone who is not a party to
the arbitration. Should any portion of this paragraph be stricken from these
Terms of Service or deemed otherwise unenforceable, then the entire section of
these Terms of Service labeled "Arbitration" shall be stricken from
these Terms of Service.
The
provisions of the section of these Terms of Service labeled
"Arbitration" and all arbitration awards duly made in connection
therewith may be enforced in a court of competent jurisdiction, and the party
seeking enforcement shall be entitled to an award of all costs, fees and
expenses (including attorney fees) incurred in obtaining the enforcement of
this provision, to be paid by the party against whom enforcement is ordered.
All arbitration awards duly made under these Terms of Services shall not be
subject to review or appeal except as permitted by applicable law. Any
provision of these Terms of Service to the contrary notwithstanding (a) You or
FairwayPay may seek interim relief from a court located in the State of
Michigan, County of Wayne to protect such party’s rights or property while
arbitration is pending, and (b) FairwayPay may bypass the aforementioned
arbitration process in cases of fraud or other crimes against FairwayPay,
interference with FairwayPay’s technical operations or violations of
FairwayPay’s rights or property.
19.
FORCE MAJEURE
FairwayPay
shall not be responsible for delays, nonperformance, damages, lost profits or
other losses caused directly or indirectly by any Act of God, including,
without limitation, fires, earthquakes, tornadoes or hurricanes, as well as
wars, labor disputes, communication failures, legal constraints, power outages,
data transmission loss, data loss, failure or interception, incorrect data
transmission or any other event outside the direct control of FairwayPay.
20.
ENTIRE AGREEMENT/SEVERABILITY/WAIVER
These
Terms of Service, the documents and policies referenced herein, and any other
terms and conditions on the Site, constitute the entire agreement between You
and FairwayPay with respect to the Site and govern Your use of the Site. If any
provision(s) of these Terms of Service is found by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of You and FairwayPay, and the
other provisions of these Terms of Service shall remain in full force and
effect. FairwayPay’s failure to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by FairwayPay in writing. These terms may not
be altered, supplemented, or amended by You without the prior written consent
of FairwayPay.
21.
NOTICES
You
must send any notices or other communications required or permitted under these
User Terms and Conditions to FairwayPay in writing via email at help@Fairwaypay.com. FairwayPay may send any
notices to You to the most recent email address You have provided to FairwayPay
or, if You have not provided an email address, to any email or postal address
that FairwayPay believes is Your address.
PRIVACY
POLICY:
We
value the trust you place in FairwayPay, LLC (“FairwayPay”) and we are
committed to respecting your privacy and the security of your personal
information. This Privacy Policy explains how we collect, use,
disclose, and protect Your information when You use Our Website and tells You
about Your privacy rights under the law and our Company policies. We
use Your Personal data to provide you with a great customer experience and to
improve the Website and our Company. By using the Website, You agree to the
collection and use of information in accordance with this Privacy Policy.
INTERPRETATION
AND DEFINITIONS
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural. For the
purposes of this Privacy Policy:
COLLECTING
AND USING YOUR PERSONAL DATA
Types
of Data Collected
Personal
Data
While
using Our Website, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
Tracking
Technologies and Cookies
We
use Cookies and similar tracking technologies to track the activity on Our
Website and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
Our Website. The technologies We use may include:
Cookies
can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your
personal computer or mobile device when You go offline, while Session Cookies
are deleted as soon as You go offline or close the web browser.
USE
OF YOUR PERSONAL DATA
The
Company may use Personal Data for the following purposes:
To
provide and maintain our Website, including to monitor the usage of our
Website.
We
may share Your personal information in the following situations:
Your
Choices about Communication from Fairwaypay
If
you prefer not to receive catalogs or email newsletters from us, please call us
at 833.321.7929, email us, or write to Fairwaypay, LLC, 46701
Commerce Center Dr., Plymouth, MI 48170. You can also unsubscribe from our
email newsletters by using the link at the bottom of each email.
Please
be sure to provide us your exact name, address and/or email address, as well as
your customer account number if available, so that we can be sure to identify
you correctly.
Communicating
with You
We
may contact you directly or through a third party service provider as necessary
to process your order, respond to a request, provide customer service or other
business purposes. We may use email, telephone calls, SMS text messages,
automated phone calls, postal mail or other methods, depending on what contact
information you have provided us and the nature of the communication. For
example, in most cases after you place an order you will receive an email
confirmation and an email with package tracking information.
We
may also send promotional email about products, special offers, services or
events that we believe may be of interest to you. If no longer wish to receive
promotional emails, you unsubscribe by using the link at the bottom of each
email, by logging into your account, by calling us at 833.321.7929 or
through this link.
We
also send user site and service announcement updates. If you have created an
account, you are not able to unsubscribe from service announcements, which
contain important information about the service.
Correcting
and Updating Personal Information
To
update your information (name, address, telephone number, email address and
credit card information), please call us at 833.321.7929, visit My Account
on our web site or write to FairwayPay, LLC, 46701 Commerce Center Drive,
Plymouth, MI 48170. Email is not a secure form of communication. Please do not
send us your credit card number or other personal information via email.
Children’s
Privacy on Our Web Site
Our
web site is not intended for use by children under the age of 13, and we do not
knowingly collect personal information from children under the age of 13. If we
become aware that we have information about a child under 13, we will make
every reasonable effort to remove it. Additionally, in order to create an
account or make a purchase on our site or through any other channel that we may
offer, you must be 18 years old or over, or able to enter into a binding legal
contract.
Retention
of Your Personal Data
The
Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example,
if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The
Company will also retain Usage Data for internal analysis purposes. Usage Data
is generally retained for a shorter period of time, except when this data is
used to strengthen the security or to improve the functionality of Our Website,
or We are legally obligated to retain this data for longer time periods.
Transfer
of Your Personal Data
Your
information, including Personal Data, is processed at the Company’s operating
offices and in any other places where the parties involved in the processing
are located. It means that this information may be transferred to — and
maintained on — computers located outside of Your state, province, country or
other governmental jurisdiction where the data protection laws may differ than
those from Your jurisdiction.
Your
consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.
The
Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your Personal Data will take place to an organization or a country unless there
are adequate controls in place including the security of Your data and other
personal information.
DISCLOSURE
OF YOUR PERSONAL DATA
Business
Transactions
If
the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Law
enforcement
Under
certain circumstances, the Company may be required to disclose Your Personal
Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
Other
legal requirements
The
Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
Security
of Your Personal Data
The
security of Your Personal Data is important to Us, but remember that no method
of transmission over the Internet, or method of electronic storage is 100%
secure. While We strive to use commercially acceptable means to protect Your
Personal Data, We cannot guarantee its absolute security.
Your
Rights under the CCPA
Exercising
Your CCPA Data Protection Rights
In
order to exercise any of Your rights under the CCPA, and if You are a
California resident, You can contact Us:
Only
You, or a person registered with the California Secretary of State that You
authorize to act on Your behalf, may make a verifiable request related to Your
personal information.
Your
request to Us must:
Links
to Other Websites
Our
Website may contain links to other websites that are not operated by Us. If You
click on a third party link, You will be directed to that third party’s site.
We strongly advise You to review the Privacy Policy of every site You visit.
We
have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes
to this Privacy Policy
We
may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page. You are advised to
review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.
Contact
Us
If
you have any questions about this Privacy Policy, You can contact us:
By
email: support@fairwaypay.com
By
phone number: 833.321.7929
By
mail: 46701 Commerce Center Dr., Plymouth, MI 48430