Terms

The information on this page was last revised on January 16th, 2013
1

Introduction

We (PayNearMe, Inc.) operate the PayNearMe™ payment system network (the "Network") to enable you to make payments at convenient authorized "payment locations" near you to participating businesses and nongovernmental organizations (called "vendors" below). If you use the Network (or our related Website - www.paynearme.com -, collectively, the "Content"), then you agree to these terms, so please read all terms carefully. If you don't agree to the terms, then please don't use the Network or Website. Some Content may have additional or different terms and conditions that supplement these terms. PayNearMe may update these terms from time to time, and the changes will be effective after posting at the Website or notice to you. Continued use of the Network or Website indicates your re-acceptance of the revised terms. The most recent revision date for these terms is identified above. These terms are intended to apply evenly across many places and customs to ensure fairness, uniformity and better service levels for all users of the Network; however, to accommodate the special regulatory requirements of certain kinds of vendors, e.g., consumer lenders or debt collectors, we may agree to modify these terms for the benefit of such vendors and their users by separate agreement with the vendor. You should contact your vendor to see if any such variations apply to you. Also, to the extent a particular provision is illegal in a specific place or for a certain kind of vendor or user, then it will not be enforceable to that extent, and these terms will be equitably adjusted while minimizing prejudice to PayNearMe. By using the Network or Website, you confirm that you have reviewed these terms with ample opportunity to get advice and to choose from other payment alternatives. PayNearMe may reasonably rely on these understandings. In any event, PayNearMe reserves the right to terminate your access to all or any portion of the Network and the Website at any time.

The PayNearMe system allows you to make payments in cash when you and the business you want to pay are not face-to-face. With the PayNearMe system, for all practical purposes you are proposing a transaction with a participating vendor on the phone, over the internet, or similar means on terms established between you and the vendor and putting it briefly on hold until you make a payment at an authorized payment location like a 7-Eleven store. The payment location receives the payment instructions and accepts payment through the Network on behalf of the vendor using various proprietary PayNearMe processes. Unlike an ordinary face-to-face transaction at the neighborhood store, the merchandise or service acquired is not presented or delivered at the payment location. Neither PayNearMe nor the payment location is responsible for fulfilling your order, for the quality of the merchandise or service or for its delivery. Vendors are responsible for adjusting their own books and records with respect to users, e.g., outstanding account or loan balances. ALL PAYMENTS TO PAYNEARME AND THE PAYMENT LOCATION ARE FINAL AND NONREFUDABLE, as PayNearMe and the payment location simply pay the vendor through the Network and regular banking channels less our fees. Refunds or adjustments must be secured through your vendor. The vendors are only authorizing PayNearMe and the payment locations to receive payment on their behalf through use of the Network through separate agreements with PayNearMe. If you involve us in a dispute with your vendor, you will be obligated to reimburse our costs, including attorneys' fees, unless the vendor accepts such responsibility. We reserve the right to get involved in any dispute, if we feel that we can be helpful or if we believe that our reputation may be hurt. In any event, absent fraud or illegality, once the required payment has been made by you to the authorized payment location on behalf of a vendor, then the vendor is obligated to process the transaction on the previously agreed upon terms with you, even if PayNearMe fails to remit such funds to vendor. Vendor's recourse would be to PayNearMe. Each vendor must agree to this requirement in order to participate in the Network.

Pursuant to these terms, PayNearMe will at its complete discretion: (1) Create an information record for you; (2) Process payments on a timely and accurate basis by applying vendor instructions and policies as well as PayNearMe's proprietary methods; and (3) Provide standard support information to address inquiries regarding use of the Network. PayNearMe reserves the right to decline any payment request. PayNearMe also reserves the right to change eligible vendors and authorized payment locations without notice and cannot guarantee the availability of a specific vendor or payment location at any time.

You must provide complete and accurate information while using the PayNearMe system and must update all account information and timely respond to requests for additional information truthfully. You understand that to engage in some transactions or use some payment locations you may be required to provide additional identifying information. You expressly authorize PayNearMe to exercise all good faith measures to verify the information provided. You will not use any information provided through the Network for any purpose other than for making lawful payments and completing transactions with bona fide vendors. You will always act reasonably and in good faith in connection with activities on the Network, recognizing that the Network's purpose is to facilitate internet and remote commerce and enhance the integrity and efficiency of such transactions, particularly for persons without credit or debit cards or who have limited access to banks. If PayNearMe concludes at its complete discretion that any user detracts from this purpose, PayNearMe may prohibit the user from using some or all of the Network. To be clear, the Network may not be used to make payments for: any form of illegal gambling activities; firearms, controlled substances, prescription drugs, steroids, or related paraphernalia; obscenity, copyrighted materials where the merchant does not have the right to copy or distribute such materials; or where the total payment amount exceeds one thousand dollars per day (or US dollar equivalents. You acknowledge your obligation to know the vendor you are doing business with or the charity to which you are giving and avoid such misuse and violations. PAYNEARME ACTIVELY POLICES THE NETWORK FOR IMPROPER USE AND ILLEGAL ACTIVITY, AND PROACTIVELY COOPERATES WITH LAW ENFORCEMENT AND OTHER WEB BASED SERVICE PROVIDERS TO REDUCE THE RISK OF MONEY LAUNDERING AND OTHER CRIMINAL OR TERRORIST ACTIVITY. Our authorized payment location may have additional requirements related to countering money laundering, crime and terrorism. YOU EXPRESSLY CONSENT TO ALL SUCH COMPLIANCE EFFORTS AND OUR COOPERATION WITH OTHERS WHILE DONE IN GOOD FAITH.

2

Privacy and links

Follow the link below to see our privacy policy.

3

Ownership

PayNearMe and/or its suppliers either own or license all right, title, and interest in the Network and may change them at any time. You may report bugs and fixes, provide feature requests, comments, testimonials, feedback and suggestions to PayNearMe ("Feedback"). PayNearMemay use the Feedback without any compensation, notice or attribution to you and will own all intellectual property rights in such Feedback. PAYNEARME is a mark of PayNearMe, Inc. Third party marks used in connection with the Network and the Content are those of their respective owners. You are not entitled to use any of these marks without permission of the owners of the marks. Reference to any products services, trademarks, or service marks on the Network or in the Content is not an endorsement or recommendation by PayNearMe of these products or services.

4

Warranty and disclaimers

THE NETWORK AND THE CONTENT ARE PROVIDED "AS IS." PAYNEARME DISCLAIMS ALL WARRANTIES, GUARANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYNEARME DOES NOT WARRANT THAT THE NETWORK OR THE CONTENT ARE ACCURATE, THE FUNCTIONS CONTAINED IN THEM WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY, OR THAT DEFECTS OR ERRORS IN THE NETWORK OR THE CONTENT WILL BE CORRECTED. YOUR SOLE REMEDY FOR ANY SURVIVING WARRANTIES WILL BE TO CEASE USE OF THE NETWORK AND CONTENT OR TO TIMELY ADVISE PAYNEARME OF ANY DEFICIENCY AND ALLOW PAYNEARME TO CORRECT IT TO THE EXTENT PRACTICAL AS REASOANBLY DETERMINED BY PAYNEARME. THE DURATION OF ANY SURVIVING WARRANTY, GUARANTY OR CONDITION THAT CANNOT BE DISCLAIMED WILL NOT EXCEED NINETY DAYS OR ANY LONGER SPECIFCALLY MANDATED PERIOD.

5

Limitation of liability

PAYNEARME AND ITS AUTHORIZED PAYMENT LOCATIONS WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE, INABILITY TO USE, OR OPERATION OF THE NETWORK OR THE CONTENT. PAYNEARME AND ITS AUTHORIZED PAYMENT LOCATIONS WILL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING, FOR EXAMPLE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF PAYNEARME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILLPAYNEARME AND ITS AUTHORIZED PAYMENT LOCATIONS BE LIABLE TO USER IF LOSSES RESULT FROM: use of the Network in a manner that violates applicable law or these terms; losses or delays in transmission of instructions arising out of the use of any internet access service provider or caused by any browser or other software; provision of late, incorrect or incomplete information; malfunction or inoperability of any equipment or systems; insufficient creditworthiness or lack of good standing based on PayNearMe's proprietary methodologies; circumstances beyond PayNearMe's reasonable control, such as, but not limited to, power outages, fire, flood, change of law or enforcement practices, mechanical, telecommunications or systems failures; interception of payments by legal process or other encumbrances restricting execution of the payment; PayNearMe's inability to confirm user's identity; or, suspected fraud. YOUR ONLY RECOURSE TO PAYNEARME IF THE NETWORK IS NOT AVAILABLE OR CANNOT COMPLETE A TRANSACTION WHEN PRESENTED IS TO TRY AGAIN LATER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PAYNEARME'S AND ITS AUTHORIZED PAYMENT LOCATIONS' TOTAL LIABILITY TO YOU IN CONNECTION WITH EACH TRANSACTION WILL NEVER EXCEED ENSURING THAT YOUR PAYMENT TO AN AUTHORIZED PAYMENT LOCATION WILL BE PAID TO THE DESIGNATED PARTICIPATING VENDOR WITHIN A REASOANBLE PERIOD OF TIME LESS OUR FEES PURSUANT TO OUR AGREEMENTS WITH SUCH VENDOR AND PAYMENT LOCATION, I.E., THE AMOUNT OF THE PAYMENT.

6

Disputes

In consideration of PayNearMe's providing to you access or use of the Network and the Content, you agree to waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with PayNearMe arising out of or related to these terms ("Disputes"). Disputes are subject to binding arbitration under the arbitration rules set forth under Delaware USA law. You understand that this agreement to arbitrate also applies to all Disputes that PayNearMe may have with you. You agree that any arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to its Streamlined Arbitration Rules & Procedures (the "JAMS Rules") in San Francisco, California by one or more arbitrators as described in the JAMS Rules, unless PayNearMe elects to designate another arbiter and process that is impartial in order to expedite small claims. The arbitrator(s) will have the power to decide any motions brought by any party to the arbitration prior to any arbitration hearing, will issue a written decision on the merits, will have the power to award any remedies, including reasonable attorneys' fees and costs, available under applicable law, and will administer and conduct any arbitration in a manner consistent with the JAMS Rules (or alternative process, if applicable). Each party will pay their own arbitration costs pending the arbitrator's decision. All Disputes must be commenced within one year after the Dispute arises. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction. The arbiter shall award attorneys' fees and costs to the prevailing party except as prohibited by law. Arbitration will be the sole, exclusive, and final remedy for all Disputes, except that PayNearMe may seek equitable relief in any court with jurisdiction for any misappropriation of its intellectual property rights. To be clear, BY AGREEING TO BINDING ARBITRATION YOU WAIVE YOUR RIGHT TO A JURY TRIAL, VARIOUS RIGHTS TO DISCOVERY AND OTHER IMPORTANT PROCEDURES. Despite the foregoing, PayNearMe can elect to bring a lawsuit against you in any court with jurisdiction for the misappropriation or infringement of PayNearMe's intellectual property rights, instead of arbitration.

7

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA, except for its conflict of law rules. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts in Delaware for all purposes concerning arbitration or court actions pursuant to this Agreement. This Agreement, including all additional terms posted on the Website, is our complete agreement with respect to use of the Network or access to the Content and supersedes all communications relating to the Network and the Content. These terms will not be construed against PayNearMe for reason of its drafting or preparation and may be modified or waived only in writing as set forth above. If any term is determined to be unenforceable, then that term will be modified or removed to the extent necessary, and all other terms will remain in full force and effect to the extent equitable. You may not assign or transfer any of your rights or delegate any of your duties related to these terms. PayNearMe may assign its obligations and delegate its duties under this Agreement at its complete discretion, and these terms will therefore bind lawful successors in interest.

8

Indemnification

At your expense, you will defend and indemnify PayNearMe and its employees, consultants, service providers, trustees, officers, and directors, and any third parties PayNearMe uses to implement the Network or the Content from and against any claims filed against them by any third party or damages suffered by them, arising out of, relating to, or resulting from your use, inability to use, or misuse of the Network or access to the Content, and from your breach of any of these terms. You are not responsible for our gross negligence or willful misconduct, of course.

9

California notice

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

10

DMCA (for website users only)

PayNearMe respects the intellectual property of others. It is our policy to respond promptly to any notices of alleged copyright infringement. To file a notice of infringement with us, you must provide a written communication, by fax or regular mail, not only by email, that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Please consult an attorney prior to sending a notification.

  • The name, address, and electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
  • Identification in sufficient detail of the copyrighted material you believe has been infringed. For example, "The copyrighted work at issue is 'My Copyrighted Material,' by John Auteur, Published by DMCA Publishing, ISBN #012345678910".
  • Identification of the material that you claim is infringing the copyrighted work listed above and information reasonably sufficient to permit us to locate the material, for example, the URL of the infringing material.
  • Your contact information, including your name, address, telephone number, and email address.
  • Include the following statements: "I have a good faith belief that use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law." And "I swear, under penalty of perjury, that the information contained in this notice is accurate and that I am the copyright owner or I am authorized to act on behalf of the copyright owner to enforce the copyrights that are allegedly infringed."
  • Sign the notice and send the notice to our designated agent to receive written notification of alleged copyright infringement at the following address: PayNearMe, Inc., Attn: DMCA Complaints, 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089

Failure to include all of the above information may result in a delay of the processing of your complaint. In accordance with the Digital Millennium Copyright Act and in accordance with these terms of use, PayNearMe reserves the right to terminate Website and Content access to users who are repeat infringers of the rights of copyright owners.