PayPartners is a Service of RTP Financial Services, LLC ("RTP")
THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH "RTP" OFFERS YOU ACCESS TO THE PayPartners SERVICE ("PP"), A SERVICE THAT FACILITATES PREPAID CARD DISTRIBUTION OVER THE INTERNET. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. IN THESE TERMS AND CONDITIONS, "WE," "US," AND "OUR" REFER TO PP, AND "YOU" AND "YOUR" REFER TO YOU, THE PP CUSTOMER. IN THESE TERMS AND CONDITIONS, "PAYER" or "PAYERS" REFER TO ENTITIES SENDING FUNDS VIA AUTOMATED CLEARING HOUSE ("ACH") TO YOU.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement, Privacy Policyand Cardholder Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a customer of PP. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document. These other pages and websites may contain further terms and conditions that apply to you as a PP and customer. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other RTP websites and Services will be governed by the terms and conditions posted on those websites.
If you have any additional questions or comments, please consult our Help section by clicking here.
We may amend this Agreement at any time by posting the amended terms on our site.
1. Eligibility.
You may only have one PP online enrollment account at a time. PP reserves the right to close the account of any customer who has opened multiple accounts. We reserve the right to decline your PP service enrollment. If we are not able to fully verify your enrollment information, you may have limited or no access to the PP service.
Once you have successfully enrolled in PayPartners you are considered a customer ("Customer") of PP.
2. The Legal Relationship between You and PP.
2.1 Appointed Agent.
The Services are offered through the agency relationship between our insured financial institution partner ("Bank") and corresponding prepaid Card Processor ("Processor") collectively referred to as "Financial Agents", and us. PP acts as the Financial Agent's agent based upon its direction and requests to help you accept monetary deposits from third parties (the Services). The Services enable you to (1) open a prepaid card account (an "Account" or PP Account) through the online enrollment with the PP website and (2) fund Account with funds received by your designated source(s) and (3) request that funds in your Account be loaded on your prepaid card.
The Services are offered through this website. Financial Agents hold your Account and any funds that you place in the Account. By initiating a transaction through the Services, you are instructing Financial Agents, through PP, to load funds on your prepaid card. PP is not a bank, but acts as an authorized representative of Financial Agents to market and process your Account.
You are not required to keep funds in the PP system (i.e. carry a balance in your Account) in order to use the Services. If you do carry a Dollar balance in your Account, Bank will at all times, keep your, funds in accounts in accordance with the terms and conditions of a cardholder agreement between you and the Bank.
By receiving funds through the Service you authorize the Bank to obtain and hold the funds on your behalf and to further transfer the funds to the prepaid card, subject to the terms and restrictions of this Agreement. When you recieve money, the funds will then be credited to and held in one of a series of master pooled accounts maintained and controlled solely by the Bank for the benefit of Account holders. Bank then issues to you a PP Prepaid Card to you to allow to withdraw funds from an ATM or other authorized points of sale. Your use of PP Prepaid Card is further conditioned upon your agreeing to the terms and conditions of this Agreement as well as the terms and conditions of a cardholder agreement between you and Bank.
2.2 Services Provided by PP.
The PP site acts as an Internet service provider by creating, hosting, maintaining and providing access to the Services via the Internet. As the agent of the Financial Agents, PP also provides customer service and other supporting services as authorized or delegated by the Financial Agents, such as delivering an PP Prepaid Card to you. The PP Prepaid Card is a MasterCard Card or Visa Card issued by the Bank named on the back of the card which is funded by your payers and sent to you at the address provided by you on the PP website. PP's responsibility is strictly limited to the maintenance and operation of the website access system, and the mailing of the PP Prepaid Card.
All transactions are final and by selecting Accept on the web site page to send money you acknowledge that you understand the account and prepaid are for receipt and subsequent access to funds sent to you via Automated Clearing House ("ACH") each processed ACH transaction is final.
2.2.1 Notification of lost or stolen cards and Liability for PIN-based transactions.The PP Prepaid Card uses a Personal Identification Number (PIN) for authorizing cash withdrawals at ATMs. You are aware of the importance of keeping the PIN secure and not writing or indicating the PIN on the card. You must notify immediately if your PP Prepaid Card has been lost or stolen and PP can deactivate the card and make attempt to hold your funds. You may request a new PP Prepaid Card from Bank through PP and card replacement fee may be charged. Any funds still remaining in your account will be moved to the new PP Prepaid Card. PP does not take responsibility for lost funds that are the results of a lost card and PIN.
2.3 Release.
In the event that you have a dispute with one or more users or payers, you release PP (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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. If you are a California resident you waive California Civil Code 1542 which says: "Agreed 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 not known by him must have materially affected his settlement with the debtor."
2.4 No Warranty.
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bank and PP will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and ACH issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2.5 Limitation of Liability.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
IF PP OR Financial Agents ARE DEEMED LIABLE TO YOU IN CONNECTION WITH ANY TRANSACTION MADE OR NOT MADE IN ACCORDANCE WITH THIS AGREEMENT, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF THE RELEVANT TRANSACTION.
THIS IS A MONEY TRANSFER SERVICE - SUCH SERVICES SHALL NOT BE USED FOR THE PURPOSE OF SELLING GOODS OR SERVICES UNLESS OTHERWISE AUTHOZIED BY US. PP IS NOT AFFILIATED WITH AND DOES NOT TAKE RESPONSIBILITY FOR GOODS AND/OR SERVICES PROVIDED BY MERCHANTS AND PAID FOR THROUGH ITS SERVICES.
2.6 Indemnification.
You agree to indemnify and hold PP, its subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
2.7 Other.
YOU MAY ONLY SIGN UP FOR AN PP ACCOUNT AFTER DETERMINING THAT OPENING AND MAINTAINING AN PP ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN YOUR RESPECTIVE COUNTRY AND JURISDICTION. If you are a Non-U.S. User, you warrant that you are violating no law or regulation by your use of PP.
3. Fees.
All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of PP account balance. Additional information about PP's fees is available by clicking on the fees page from the PP home page. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates.
4. Non-U.S. Use.
You may register for an PP account from any country legally approved by the United States Federal Government.
5. Receiving FUNDS.
5.1 All PP users are able to receive funds via the US ACH system.
By accepting an ACH deposit you agree that you the autorized recipient of the funds. You agree that you are responsible for the deposit if it is reversed. If such reversal occurs PP will reverse the deposit and may debit your PP account balance to pay for the reversal. If there are insufficient funds in your Account, you agree to reimburse Bank through other means.
You may be asked to submit additional information for verification (e.g.copy of a government issued photo identification and a household bill). We require this information to authenticate your identity and to determine how much money you may receive with your account. We may require additional information from you depending on your location and other factors. Based on the information you provide, we will determine your Receiving Limit.
5.2 Withdrawals.
You can withdraw funds using an PP Prepaid Card, a re-loadable ATM/Debit Card. The PP Prepaid Card is a debit card that can be used at 1,000,000+ ATMs (Automated Teller Machines) or at 20 million POS locations worldwide. For a complete listing of worldwide ATMs, see the PP home page - ATM Locator link.
Shipping delivery options and associated fees vary based on your location. Current Fees may found by logging into your account and clicking the Card link. You will be charged any applicable fees to ship a PP Prepaid Card. Note that this is only a one time charge.
6. Your Information and Restricted Activities
6.1 Definition.
"Your Information" is defined as any information you provide to us or other users in the registration, money transfer process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
7.2 Restricted Activities.
Your Information and your activities (including your receipt of money) using our Service shall not:
- be fraudulent, deceptive, false, inaccurate or misleading;
- involve the sale of counterfeit or stolen items;
- involve the sending or receipt of money transfers for any form of multi-level marketing programs (including without limitation online money transfer randomizers), matrix programs, Ponzi schemes, get rich quick schemes, pyramid schemes and the like;
- infringe, misappropriate or violate a third partys copyright, trademark, trade secret or other intellectual property rights or rights of privacy or publicity;
- be defamatory, infringing, obscene, pornographic, or tortuous;
- threaten, harass or otherwise violate the legal or contractual rights of others;
- harm or attempt to harm minors in any way;
- be related in any way to gambling and/or gaming activities, including without limitation, sending or receiving money transfer for wagers, gambling debts or gambling winnings, that are not expressly authorized by law in the jurisdiction of both the sender and the recipient of the money transfer;
- consist of providing yourself a cash advance from your credit card or bank account, or assisting others to do so;
- harvest or otherwise collect personal information about others, including without limitation email addresses, without their consent;
- transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other programs that may damage, harm, intercept, unlawfully monitor, intercept or expropriate any system or data;
- involve illegal activities or activities for illegal purposes, or the transmission of any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
- involve reselling the Service without our express written consent in advance;
- create liability for us or cause us to violate the acceptable use policies or agreements of our service providers and suppliers; or
- constitute, or assist any other person with, any other activity which in our sole discretion is considered unauthorized or objectionable.
If you use, or attempt to use, the Service for purposes other than receiving money and managing your account, including but not limited to, using the Service in one of the ways described above or otherwise in violation of this Agreement, your account may be terminated and you may be subject to damages and other penalties, including criminal prosecution where available.
7.3 License.
Solely to enable PP to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. PP will use and protect Your Information in accordance with our Privacy Policy.
7.4 Trademarks.
PayPartners.com, PP, and all related logos, products and services described in this website are either trademarks or registered trademarks of RTP Financial Services, LLC, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of RTP Financial Service. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PP and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RTP Financial Services.
Notwithstanding the above, HTML logos provided by PP through its Affiliate Program, ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to PP or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by PP. PP is Prepaid Card issuer, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the PP site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to PP by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of PP or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving money transfers and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
9. Privacy and Security.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your PP account on a page which begins with https://www.PayPartners.com/. All of our pages begin with http://www.PayPartners.com/ or https://www.PayPartners.com/or and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at Privacy. If you object to your information being transferred or used in this way, please do not use our Services.
10. Termination or Closing Your Account.
You may close your account at any time by contacting us at accounts @ PayPartners.com Upon closure of an account, any pending transactions will be cancelled. Any funds that Bank is holding in custody for you at the time of closure, less any applicable fees, will be transferred to you by a method of our choosing, assuming all withdrawal related authentication requirements have been fulfilled. Bank and PP reserve the right to suspend your account privileges if any of its terms or conditions are violated.
You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, PP under the instruction of Bank may continue to hold your funds for up to 180 days as appropriate to protect Bank against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Bank and PP will make an additional money transfer of those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that Bank is holding in custody for you. If that information is not correct, and we are unable to complete the money transfer to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
11. Remedies and PP's Right to Collect From You.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and money transfers, limit access to an account and any or all of the account's functions (including but not limited to the ability to receive money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:
- you breach this Agreement or the documents it incorporates by reference
- we are unable to verify or authenticate any information you provide to us
- we believe that your account or activities pose a significant credit or fraud risk to us (e.g. we receive excessive Payer complaints or chargebacks against your account)
- we believe that your actions may cause financial loss or legal liability for you, our users or us.
If we close your account, Bank will provide you notice and pay you all of the unrestricted funds held in your account. Additionally, to secure your performance of this Agreement, you grant to Bank and PP a lien on and security interest in your account. In addition, you acknowledge that Bank may setoff against any accounts you own for any obligation you owe Bank and PP at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. PP may consider this Agreement as your consent to PP's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
12. Assignability.You may not transfer any rights or obligations you may have under this agreement without the prior written consent of PP. PP reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
13. Legal Compliance.shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
14. Notices.
14.1 Electronic Communications.
You agree that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from PP in electronic form. Electronic Communications may be posted on the pages within the PP website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. PP reserves the right but assumes no obligation to provide Communications in paper format.
14.2 Procedure.
Except as explicitly stated otherwise, any notices shall be given by postal mail to RTP Financial Services., Attn: Legal Department,2849 Paces Ferry Road, Suite 130, Atlanta, GA 30339 or if to you at the PP email address you provide to PP during the registration process. Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to PP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
15. Legal Disputes.
In the event a dispute arises between you and PP, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PP agree that any controversy or claim at law or equity that arises out of this Agreement or PP's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, PP strongly encourages users first to contact PP directly to seek a resolution. PP will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
15.1 Resolution of Disputes by Arbitration.
PLEASE READ THIS SECTION OF THE TERMS AND CONDITIONS CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.
- Agreement to Arbitrate Disputes. You agree that either you or we may elect to require that any dispute between us, including any dispute concerning your PP Account, application for membership in the PP service, or these PP Terms and Conditions be resolved by binding arbitration. These provisions will not, however, apply to those disputes specifically excluded below.
- Disputes Covered by Arbitration. Any claim relating to or arising out of your PP Account, PP Membership, application for membership in the PP service or these PP Terms and Conditions, will be subject to arbitration. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a joint account holder, account beneficiary, or a representative or agent. Disputes include not only claims that relate directly to PP, but also its parent, affiliates, successors, assignees, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.
- Disputes Excluded from Arbitration. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advances only an individual claim for relief. In addition, disputes involving claims that you have infringed or have threatened to infringe our intellectual property rights are not subject to arbitration.
- Commencing an Arbitration. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association; National Arbitration Forum; or JAMS. If you initiate the arbitration, you must notify us in writing at RTP Financial Services, PP Service Office of the General Counsel:
Nelson, Mullins, Riley and Scarborough
First Union Plaza Suite 1400
999 Peachtree Street NE
Atlanta, GA 30309
If we initiate the arbitration, we will notify you at the last known physical or e-mail address on file with us in your PP customer profile. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums at the following addresses:
American Arbitration Association:
335 Madison Avenue - 10th Floor
New York, NY 10017-4605
www.adr.org
National Arbitration Forum:
P.O. Box 50191
Minneapolis, MN 55405
www.arbitration-forum.com
JAMS:
1920 Main Street Suite 300
Irvine, CA 92610
www.jamsadr.com
The arbitration shall be conducted in the same city as the U.S. District Court closest to your home address, unless the parties agree to a different location.
- Administration of Arbitration.
The arbitration shall be decided by a single arbitrator, unless either party to the arbitration requests a panel of three arbitrators in which case the arbitration shall be conducted by a panel of three arbitrators (said arbitrator or arbitrators hereinafter referred to as "the arbitrator"). The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act. The arbitrator shall be empowered to award any damages or other relief provided for under applicable law and will not have the power to award relief to, or against, any person who is not a party to the arbitration. The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by you or us. The award of the arbitrator shall be final and binding, subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act. The award of the arbitrator can be entered as a judgment in any court having jurisdiction. - Costs.
The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. If either you or we request a panel of three arbitrators, the party making the request shall pay the fees of those additional arbitrators unless the arbitrator rules otherwise. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, except to the extent the arbitrator assess costs of the arbitration to either you or us. - Class Action or Joinder of Parties. You and we agree that no class action, private attorney general or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction); this is so whether or not the claim may have been assigned.
- Right to Resort to Provisional Remedies Preserved.
Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction. - Governing Law.
You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the state governing your account relationship apply. - Severability, Survival.
These arbitration provisions shall survive (i) termination or changes to the PP Terms and Conditions, your PP Account or any related services we provide; (ii) the bankruptcy of any party; and (iii) the transfer or assignment of your PP Account. If one or more of these arbitration provisions are deemed invalid or unenforceable, the remaining portions shall nevertheless remain valid and enforceable.
SPECIAL CIRCUMSTANCES
- Restricted Access.
There are circumstances when we are required by law to restrict access to your PP Account. When we receive an order instructing us to restrict access to funds in your PP Account, we may ensure compliance by removing the funds from your PP Account and maintaining them separately. - Forfeited Accounts.
If your PP Account is seized by or forfeited to the United States government or a state government, you no longer have title to your PP Account. - Overdue Debts and Judgments.
Under certain circumstances, the law allows us to use the money from any PP account in your name or that you jointly own with another person to pay any amount you owe to us. This is called the "Right of Setoff." We are not required to give you advance notice of our intent to take such action; if we do take such action, we will notify you afterwards. - Dormant Accounts.
Under abandoned property statutes, we must turn over funds in your PP Account if you have not done at least one of the following during a specified period of time: - Received Money
- Maintaned a positive account balance
- Signed into your account
- Written to us concerning your PP Account
- Accounts of Deceased Persons.
Upon notification of the death of the PP customer, certain documents must be presented to us before funds in the PP Account can be paid out and the PP Account closed. These documents may include: - Certified Copy of Death Certificate
- Letters Testamentary or Letters of Administration
- Decree from Probate Court
- Documents Evidencing that Estate Taxes are paid or not owed
LEGAL PROCESS
We may comply with any writ of attachment, adverse claim, execution, garnishment, tax, levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. A fee for processing will be assessed. Note: If we are not fully reimbursed by the party which served the process for our record research, photocopying and handling costs, we may charge such costs to your PP Account, in addition to the minimum legal process fee. You agree to indemnify, defend, and hold us harmless from all actions, claims, liabilities, losses, costs and damages (including reasonable attorney's fees) associated with our compliance with any process that we may believe to be valid. We will not pay interest on any funds we hold or set aside in response to legal process. You agree that we may honor legal process which is served by mail or facsimile transmission, or at any of our offices.
GOVERNING LAW
The terms and enforcement of this PP Terms and Conditions shall be governed by Federal laws and regulations. To the extent that such laws do not apply, your PP Terms and Conditions shall be governed by the laws of one of the following states:
- if you listed the state of California, Connecticut, Florida or New Jersey as your address in the customer Information section at the time of enrollment, your PP Terms and Conditions shall be governed by the laws of that state; or
- if you listed Maryland, Virginia, or Washington, D.C. in the Membership Information section at the time of enrollment, your PP Terms and Conditions shall be governed by the laws of Maryland; or
- if you listed any other state in the Membership Information section at the time of enrollment, your PP Terms and Conditions shall be governed by the laws of Georgia.
MISCELLANIOUS
PP will not be liable for any loss resulting from a cause outside of its direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, "hacking", theft, operator errors, unauthorized access, or environmental conditions.
PP WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF PP, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, TO THE EXTENT PERMITTED BY LAW.
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