Paypadz Inc Terms and Conditions
Last Revised: March 1, 2022
The following terms of service are terms of a legal agreement (the "Agreement") between you ("you", "your", or "user") and Paypadz Inc. and its subsidiaries, affiliates, agents and assigns ("Paypadz", "we", "us", or "our") which sets forth the terms and conditions for your use of Paypadz mobile application ("Mobile App") and Paypadz's website, paypadz.com (the “Website”), as well as the products and services offered, operated or made available by Paypadz through the Mobile App or Website (collectively, the "Services"). The Mobile App, Website, and Services are owned and operated by Paypadz, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, Website or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 23 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the Mobile App, Website or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, Website or Services. To use the Mobile App, Website or Services and to accept the Agreement, you must (1) be a citizen or permanent legal resident of the United States, (2) be at least 18 years old, (3) agree to only have one Paypadz User Account (defined below), which must be in your real name; and (4) not be prohibited by law from using the Mobile App, Website or Services. Creating a Paypadz User Account with false information, which includes creating an account using another person’s information, is a violation of our terms and will result in the termination of your access to the Services and no refunds.
3. MODIFICATION OF THIS AGREEMENT
Paypadz reserves the right to amend this Agreement at any time without advance notice unless required by law by posting a revised Agreement on our Website. All changes will be effective upon posting, so you should check this Agreement on the Website periodically for changes. Your continued use of the Mobile App, Website or Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Paypadz also reserves the right to terminate, suspend, change, or restrict the Services, or any part of the Services, without notice or liability.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the Mobile App and Services, you must have a computer, tablet, or mobile telephone (“mobile device”) with access to the Internet running either Apple iOS 10.3 or higher, or Android 5.0 or higher. You must also have a valid U.S. telephone number provided through a mobile carrier and email address, and sufficient storage space to install the Mobile App. The apps are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices). You may also access the services at www.paypadz.com by clicking sign up or sign in.
To use the Site or the Services and to accept the Agreement:
You must be a US citizen or a legal US resident;
You must be at least eighteen (18) years old or the age of majority in your jurisdiction; and
You must not be prohibited by law from using the Site or the Services.
To use the Services, you must also meet the following criteria:
You must have a checking account with one of our supported banks or credit unions (a "Bank Account"); and
Your Bank Account must enable our third-party data aggregators to view your transactions for the last ninety (90) days.
You must have an active source of income
Your income and rent payment history must be accessible from your connected bank account
Your membership must be active
Your landlord information must be verifiable.
All information submitted is truthful and accurate.
To access and use the Services, you must create an account (a "Paypadz User Account") and complete the registration process. This process will require you to create a login ID and a password.
When you sign up for the Services, you agree to provide truthful, accurate, current and complete information, such as your name, email address, and mobile phone number ("Account Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
You agree to update Paypadz in the event that the Account Information provided by you changes, and Paypadz will not be held liable for any errors or fees that occur as a result of outdated Account Information.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the Paypadz app, click on "Settings," and update your Account Information accordingly.
Should you believe or have reason to believe that any of your Account Information, including your email, phone number, and/or password, has been compromised, or that another person is accessing your Paypadz User Account through some other means, you agree to notify us as soon as possible at email@example.com
Note: Paypadz does not support joint Bank Accounts.
6. THIRD-PARTY ACCOUNT INFORMATION
To use the Services, you must also direct Paypadz to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information").
Paypadz works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you license and authorize Paypadz to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
7. Linked Accounts, Bank Connection Fees and Cancellation
After you create a Paypadz User Account, you will be prompted to identify and connect one or more of your bank accounts held at a depository institution (each a “Linked Account”) if you attempt to use or access any feature within the service that requires a Linked Bank Account. There is a monthly membership fee of $24.99 that includes connecting Linked Accounts to your Paypadz User Account (“Bank Connection Fee”). Once you connect one or more Linked Accounts, you will be assessed the Bank Connection Fee each month until you disconnect all Linked Accounts through the Mobile App. You will only be assessed one Bank Connection Fee per month regardless of the number of Linked Accounts you have.
To stop the monthly Bank Connection Fee, you must close your Paypadz User Account. You may do so through our help portal at paypadz.zendesk.com. It is important to remember that simply uninstalling the Mobile App from your device will not result in closure of your Paypadz User Account and will NOT stop the monthly Bank Connection Fee until you have received confirmation. If you have an outstanding balance with Paypadz, the bank connection fee will remain until all balances have been paid.
After connecting a Linked Account, we will analyze your Linked Account to estimate the days you ordinarily receive your income (“Pay Dates”) based on your direct deposit history.
You may only connect Linked Accounts that you own and are authorized to transact upon. Each Linked Account may only be connected to one Paypadz User Account. If we determine that you have connected a Linked Account that you do not own or are not authorized to transact upon, or that is already connected to another Paypadz User Account, we may terminate your access to the Services and no refunds will be granted.
You may choose to unlink a Linked Account from your Paypadz User Account through the Mobile App. By unlinking your Linked Account from your Paypadz User Account, you may lose your ability to receive some or all of the Services.
8. Paypadz Services & Fees
8.1 Paypadz Rent Protection is subject to a $24.99 per month subscription fee (the "Membership Fee"). We require that you link a Bank Account or debit card (a "Payment Method") for payment of the Membership Fee. We will automatically charge your Payment Method for the Membership Fee every month on your last payday of the month unless or until you cancel your membership or your Paypadz User Account is otherwise terminated. Upcoming dates upon which you will be charged for subsequent Membership Fees will also be displayed in the app.
Paypadz will do its best to collect the Membership Fee when you have the funds available to pay the Membership Fee. Paypadz will attempt to avoid charging you for the membership if we detect that your Payment Method does not have sufficient funds to cover the charge. If our attempt to charge you for the Membership Fee is declined, Paypadz reserves the right to try up to two (2) additional times, for a total of three (3) debit attempts. After that, Paypadz will not attempt without a subsequent authorization from you. This may result in a change of date for which you are billed for each period.
Paypadz monitors your balance and does its best effort to ensure you have sufficient funds before debiting your account, but the company makes no guarantees that an overdraft will not occur.
The Membership Fee may be discounted from time to time by our customer service team, or through partnerships with affiliates. If you receive a discounted price on signup, we will notify you at least 30 days before we make any changes to the discounted pricing. The membership fee may be refunded ONLY if you have NOT CONNECTED A BANK ACCOUNT upon request and cancellation of your paypadz account through email to firstname.lastname@example.org or email@example.com
8.2 Credit & Debit Authorization for Paypadz Rent Request
Consistent with Section 8.1, if you enroll in Paypadz Rent Protection, you authorize Paypadz to electronically debit your Payment Method for the Membership Fee once each month. As applicable, you also authorize Paypadz to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Membership Fee that would vary in amount from a previous Membership Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $24.99. (Our policy is that no single debit will exceed $24.99, for membership so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse ("ACH") transactions as provided herein and will remain in full force and effect until you notify Paypadz that you wish to revoke this authorization by emailing firstname.lastname@example.org. You must notify Paypadz at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Paypadz User Account. Failure to provide correct and complete information may make it impossible for Paypadz to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless Paypadz from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account or debit card if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Paypadz of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Paypadz will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Paypadz that you have the right to authorize us to charge and credit your Bank Account or debit card for payments due to us under this Agreement.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
8.3 Monthly Payments
You hereby agree to make monthly payments on any rent request protection payment made by paypadz to your landlord by an electronic funds transfers. You may initiate these payments each month yourself or you may authorize automatic monthly payments from your Paypadz Linked Bank Account. You may also use another payment option that we approve in writing (e.g. a form of payment that we identify and approve through direct communication with you. You can contact us at email@example.com).
8.4 Rent Request Service
When you sign up for Paypadz's service, you may elect to receive one or more non-recourse Rent Request Payments (each, "Rent Request Payment") from Paypadz. You can obtain Rent Requests from Paypadz described below.
You may manually request the Needed Amount or an Rent Request amount less than the Needed Amount from Paypadz up to $2500 at any time by selecting the Rent Request Button and preferred delivery method within the website or app. Please note that you cannot submit a Rent request if you already have a Rent Request outstanding. It is at paypadz sole discretion to approve or deny Rent Requests based on user financial *requirements such as direct deposit. ( see eligibility section 5)
8.5 When You Will be Charged for Rent Request Repayment
If you receive a Rent Request Payment, Paypadz will charge your Payment Method for Advance repayment: (a) on the due-date displayed to you through the Services when you request the Advance; or (b) on the due-date chosen by you when extending your due-date within the app (each a "Preauthorized ACH Repayment"). Alternatively, you may choose to repay your Advance by self-initiating repayment to Paypadz via ACH (a "Manual Repayment"). Your Rent Request is not conditioned on whether you elect to repay via Preauthorized ACH Repayment or Manual Repayment.
Please note that you can always repay a Rent Request before your due-date for free.
8.6 Paypadz's Recourse In the Event of Non-Payment
This Section sets forth the entirety of Paypadz's recourse against you in the event that an Rent Request is not recovered. Any other recourse or remedies claimed by Paypadz, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in this Agreement, do not apply to non-payment of an Advance. To the extent that any of recourse-related provision of this Agreement conflicts with this Section 7.5.2, this Section shall control.
Paypadz warrants that it has no legal or contractual claim against you based on a failure to repay a Rent Request, except in the event of fraud but Paypadz will suspend your access to the Services until you repay the Rent Request in full. With respect to a failure to repay a Rent Request, Paypadz warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party for the purpose of debt collection activities, or report you to a consumer reporting agency except in the event of fraud. Paypadz does not waive any rights regarding fraudulent activity, and Paypadz will pursue instances of fraud. For example if the Rent Request was found to be made under fraudulent terms, with no intention of repayment, or using fraudulent information such as fake income sources, or fake landlords, paypadz will enforce the legal right to take the user to small claims court, but will not exceed $2500.
It is your responsibility to contact Paypadz if you are unable to repay your Rent Request on the scheduled due-date. Paypadz monitors your Bank Account balance before withdrawing the funds to ensure there are sufficient funds, but Paypadz is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including rush charges, processing charges (not more than 4%) late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Bank Account sufficient to repay an Advance.
8.7 California Residents
Paypadz is not currently licensed by the Department of Financial Protection and Innovation. If the Department does decide in the future to license Paypadz, and/or require Paypadz make modifications to its advance pay product agreement, such developments may have no impact on your obligations under this agreement.
Although Paypadz is not licensed by the Department, any consumer is invited to share any comment and concerns about Paypadz or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/.
9. CONSENT TO E-COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
9.1 Communications to Be Provided in Electronic Form
By choosing to use the Mobile App or Website Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or Paypadz (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receive all Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
9.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
9.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need to meet the minimum technology requirements described in Section 4 above, as well as have software that allows you to open and view PDF files, such as the Adobe Acrobat Reader. You will also need sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
9.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org.If you withdraw your consent, we will close your FloatMe User Account and, if applicable, end your subscription to the PFM Services. The legal validity and enforceability of prior Communications delivered in electronic form will not be affected by your withdrawal of consent. You also agree to pay any outstanding Bank Connection Fees you may have incurred prior to the termination of your FloatMe User Account.
9.5 Updating Records
You can update your User Information in the Mobile App or by emailing us at email@example.com
10. Cancellation of Paypadz Membership
If you wish to cancel your subscription to Paypadz Membership, you must email us at firstname.lastname@example.org
We, at our sole discretion, reserve the right to terminate this Agreement, terminate or suspend access to the Service, or terminate or suspend your Paypadz User Account at any time for any reason. We will make reasonable efforts to notify you of any such suspension or termination unless we terminate your access in accordance with Section 12.2.
You may also terminate this Agreement by deactivating your Paypadz User Account at any time by emailing email@example.com. If we terminate this Agreement, terminate or suspend your access to the Services, or terminate or suspend your Paypadz User Account, we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of our services, or for deletion of your information or account data.
12. Your Representations and Warranties
12.1. By using the Site or the Services, you represent and warrant all of the following:
Documentation. You have the right and authority to submit or otherwise provide us with any documents for the provision of the services, including but not limited to pay stubs, or bank statements, related to your financial situation;
Use of Joint Accounts Prohibited. Your linked Bank Checking Account, is not a joint account ("Joint Account"). Joint Account means any account that is held by more than one person, with each person having the right to deposit into or withdraw funds from the account;
Violation of Any Law, Regulation, or Other Obligation. Your use of the Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party, and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services;
Location of Financial Accounts. Any Bank Account(s) you associated with the Services are located in the United States;
Third Party Access. You shall not share your Paypadz User Account or login information with any third party, nor let any third party access your Paypadz User Account, and are responsible for maintaining the confidentiality of the login information for your Paypadz User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Paypadz User Account, even if such activities were not committed by you; and
Use of Bank Checking Account. You will not link your Bank Checking Account to more than one Paypadz User Account
12.2. Verification of Your Representations and Warranties.
By using the Services, you understand and agree that Paypadz, through any identification verification methods it employs, may in its sole discretion, but is not required to, verify that any or all of your representations and warranties listed above are met. If you become aware of any violation or possible violation of your or another user's representations and warranties listed above, you will report it to Paypadz. If Paypadz becomes aware of any violation or possible violation of this Agreement, it may suspend and/or terminate your Paypadz User Account with or without notice in its sole discretion.
13. Disclaimer of Warranties
As noted above, through the Services you may receive predictions about your financial situation including, for example, predictions about your likelihood of overdrafting (each, a "Prediction"). You understand and acknowledge that each Prediction merely represents our attempt to predict the relevant facts regarding your Bank Account, that we do not guarantee the accuracy of any such Prediction and that the Services might not predict an overdraft that actually occurs in your Bank Account. Except as expressly set forth herein any use of the Site and the Services, and any decision of yours to act upon any Prediction is your sole responsibility and at your exclusive risk.
The Site and the Services are provided on an "as is" and "as available" basis without warranties of any kind and does not guarantee that it will be free of defects. To the extent permitted by law, we disclaim all implied or statutory warranties of any kind relating to the Site or the Services, including, but not limited to, each prediction, and in no event shall Paypadz or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Paypadz's behalf or affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Service, including any such Prediction or non-Prediction, whether or not the damages are foreseeable and whether or not Paypadz has been advised of the possibility of such damages.
If you are a California resident, you hereby waive California Civil Code section 1542 which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
No advice or information, whether oral or written, obtained by you from Paypadz, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
14. Paypadz is Not a Financial Adviser
Before using the Services, you should consider obtaining additional information and advice from a financial adviser. Paypadz is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you.
15. Prohibited Activities
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Site or the Services. In connection with your use of the Site or the Services, you shall not, and shall not assist or enable any third party, to:
reverse engineer or attempt to duplicate or find the underlying code of the Site and/or the Services;
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement;
copy, modify, or create similar or duplicate works of the Site, the Services or Content (defined below) of any of the Site or the Services;
attempt to disable or circumvent any security or access control mechanism of the Site or the Services;
design or assist in designing cheats, exploits, automation software, such as, but not limited to, spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Site or the Services;
attempt to gain unauthorized access to the Site or the Services, other Paypadz User Accounts, or other devices, computer system, phone systems, or networks connected to the Site or the Services;
harvest or otherwise collect information about users;
use, display, mirror or frame the Site, the Services, Content or any individual element within the Site or the Services, Paypadz's name, any Paypadz Trademark (defined below), or the layout and design of any page or form contained on a page in the Site or the Services, without Paypadz's express written consent;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site or the Services.
In the event you partake in any prohibited activities, you acknowledge and agree that Paypadz has the right to and may, at its sole discretion and without notifying you, take legal and/or use other remedies including but not limited to suspending your Paypadz User Account.
16. Intellectual Property Rights (IP Rights)
16.1. IP Rights: Content
With the exception of any third party materials, Paypadz is the owner of all worldwide rights, titles and interests in: (a) the Site and the Services, including all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Site and the Services; and (b) trade names, trademarks, and logos of Paypadz ((a) and (b) collectively, the "Content"). You will not use, copy, duplicate, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without Paypadz's written consent. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach this Agreement. You may not "mirror" any Content on the Site or in the Services without Paypadz's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.
16.2. IP Rights: Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Site and in the Services are registered and unregistered Trademarks of Paypadz. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Paypadz intellectual property displayed on the Site or in the Services. The names "Paypadz" and and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site or in the Services, without prior written permission from Paypadz.
17. Links to Third Parties and Third Party-Content
The Site or the Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. Paypadz has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You understand and agree that use of such links and use of any products or services from third parties is at your own risk. Paypadz expressly disclaims, and user expressly releases Paypadz from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the use of such links or the use of any such products or services from third parties.
18. Limitation of Liability
Under no circumstances will Paypadz, or any of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the "Paypadz Parties") be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Site or the Services or the information contained on the Site or the Services, including for viruses alleged to have been obtained from the Site or the Services, even if Paypadz has been advised of the possibility of such damages. In no event shall the Paypadz Parties' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the greater of (a) the amount of fees earned by us in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability, or (b) $100. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
You agree to release, indemnify, defend and hold the Paypadz Parties harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Paypadz Parties arising out of or relating to (a) your improper use of the Site or the Services; (b) your breach or alleged breach of this Agreement, the representations, warranties, and covenants you have made by agreeing to the Agreement of this Agreement, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. Paypadz reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Paypadz. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Site or the Services.
20. Dispute Resolution and Binding Arbitration
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 20.3 BELOW.
20.1. Election to Arbitrate
You and Paypadz agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 20 (the "Arbitration Provision"), unless you opt out as provided in section 20.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, such as the Site or the Services and including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2. Applicability of the Federal Arbitration Act; Arbitrator's Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
20.3. Opt-Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to firstname.lastname@example.org, within 60 days of the date of your electronic acceptance of the Agreement of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
20.4. Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to email@example.com at any time.
20.5. Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
20.6. Arbitration Fees.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
20.8. No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
20.9. Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 20.8 are finally adjudicated pursuant to the last sentence of section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
20.10. Judicial Forum for Claims.
Except as otherwise required by applicable law or governing loan agreement, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Paypadz agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and Paypadz consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.11. WAIVER OF RIGHT TO LITIGATE.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
21. Governing Law and Venue
Except for Section 20 which is governed by the FAA, and the Credit Builder, this Agreement and all Claims are governed by the laws of the State of New York, without regard to conflict-of-law rules.
22. Support and Feedback
Users may contact Paypadz with regard to support for the Site or the Services by sending an email to firstname.lastname@example.org. We welcome feedback, comments and suggestions for improvements to the Site or the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
23. Consent to Use Electronic Signatures and Electronic Communications
"Communications" means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
"Contacting Us" means emailing us at firstname.lastname@example.org.
"Current Version" means a version of any particular software or application that is currently being supported by its publisher.
"Electronic Communications" means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.
"Electronic Media" means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
"Electronic Product or Service" means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
"Electronic Signature" means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.
23.1. Electronic Signatures and Electronic Communications.
Subject to applicable law, you consent and agree:
That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;
Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a Site, within 24 hours after the time that it is posted;
To print and save and/or electronically store a copy of all Electronic Communications that we send to you;
To notify us of any Paypadz in Your email address or your mobile device number or other text message address by Contacting Us;
That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with this Agreement;
That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.
23.2. Hardware and Software Requirements.
In order to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.
23.3. Withdrawal of Consent.
You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use, the Service, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.
We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our Agreement and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or Paypadz by means of Electronic Communications, by updating this Agreement on the Site or the Services, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.
23.5. Requesting Paper Copies.
You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.
23.6. Contacting Us Regarding Electronic Signatures and Electronic Communications.
Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.
24. SMS Messaging
When you provide us with your mobile phone number, you agree that Paypadz and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages with service-related information such as alerts and transactional messages, or questions about the Site, Services or your Paypadz User Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts in order to use and enjoy the Site or the Services. If you choose to receive marketing-related autodialed or prerecorded SMS or texts, you can later opt-out of such marketing-related messages in several ways, including through the Settings page of your Paypadz User Account or by contacting us at email@example.com. Standard telephone minute and text charges may apply to all SMS or text messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The following provisions of this Agreement shall survive termination of your use or access to the Site or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Site or the Services.
25.3. Entire Agreement.
This Agreement represents the entire understanding and agreement between you and Paypadz regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign any rights hereunder without our prior written consent. Paypadz may assign its rights or obligations pursuant to this Agreement. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to Paypadz with respect to any prohibited activity or conduct.
Non-enforcement of any term of this Agreement does not constitute consent or waiver, and Paypadz reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
25.6. No Joint Venture.
No joint venture, partnership, employment, or agency relationship exists between you and Paypadz as a result of this Agreement or your use of the Site or the Services.
26. Contact Us
If you have any questions, comments, or concerns regarding the Agreement, please contact us at firstname.lastname@example.org, or
6230 Wilshire Blvd
Los Angeles CA 90048