Legal

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF SERVICES (“SERVICES”). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SALE AND ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

 1. ACCOUNT
In order to use the Services, you will be required to register for a PayRange account. An Account may be made through such means as (i) you create an account on the website or through the app, which at a minimum you will be required to have a valid email address and password), (ii) log in through a social media site, where an account is created through information released from the social media site, (iii) an account is generated through the means of a gifting process, or (iv) any other way.

You may only maintain one account. Such maintenance requires, and you agree to, provide up to date complete and accurate information, maintain and promptly update your account information, and maintain your log in information and password. You agree that such log in information is confidential, that you will keep it secure, and that you accept all risk associated with it, including unauthorized access to your account. Should your information become compromised suspect any security breaches related to the Services, you agree to immediately notify PayRange.

You agree you shall not, (and shall not authorize) any act or omission that would sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Account provided by PayRange under this Agreement to any other person or entity without the prior written consent of PayRange. PayRange may assign these Terms of Use, in whole or in part, at any time with or without notice to you.

The Services are not directed to children under 13. By using the Services, you represent and warrant that (1) you are 13 years of age or older, or (2) that you are using the services with the permission and under supervision a parent or legal guardian who agrees to be bound by these Terms. Our primary means of payment using this website is a credit card, which are not available to children under the age of 18, and generally may not be used by children without a parent or legal guardian who has given the child consent.

We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the account. Please see our privacy policy for details.

The purchase, funding or loading of prepaid access or “stored value” onto a card, into an account or other instrumentality or the redeeming, transferring or loading of promotional value into an account or other instrumentality is governed by the PayRange Terms of Sale and Account. The use of the PayRange Website is governed by the website Terms and Conditions, with the download and use of the PayRange Mobile Application governed by the Mobile Application License Agreement. Your privacy concerns are governed by the PayRange Privacy Policy. These agreements and the terms therein subject to change at any time and in our sole discretion. You are encouraged to review the Agreements and terms when using the services and making purchases.

2. ACCOUNT BALANCES.

You need to have a positive account balance in order to use PayRange Services. You do not need to maintain a Balance in your Account. If you do hold a Balance, that Balance represents an unsecured claim against PayRange. Your Balance will be held in an account insured by the FDIC. PayRange will combine your Balance with the Balances of other Users. PayRange will own the interest or other earnings on pooled Balances.

If your Account has a negative Balance, PayRange may either charge the funding source you have on file associated with your PayRange account or deduct amounts you owe PayRange from money you subsequently add or receive into your Account.

3. CLOSING YOUR ACCOUNT

You may deactivate your Account at any time by clicking the “deactivate” button in your Account Profile. If your account remains deactivated for a reasonable time, you may be contacted by PayRange to see whether you would like to close the account or you may contact us to do so. Upon Account closure, we will attempt to refund the positive cash balance to the funding source (e.g. debit or credit card) used to fund the PayRange account (“Funding Instrument”), cancel any pending transactions, and you will forfeit any Balances associated with Promotional Value, unless otherwise legally prohibited. You may not close your Account to evade a set off. If you do or we reasonably suspect that may happen, we may hold your Balance for up to 180 Days to protect PayRange, its affiliates, or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

Account Charges and Fees. PayRange does not charge end users any fees for opening a PayRange account or for the use of the PayRange services. Other charges, for example, from your mobile phone service provider, may apply. PayRange accounts do not have expiration dates.

4. PAYMENTS, TAXES, AND REFUND POLICY

You agree that you will pay for or fund all of the value added to your PayRange Stored Value Account and you agree to pay for products and services you purchase through the Services, and that PayRange may charge your payment method for value added to your PayRange Stored Value Account and decrement your stored value account for any products purchased through the Services and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PAYRANGE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases or funding is billed please visit www.payrange.com/support.

Your total price will include the price of the product or service plus any applicable fees or taxes; any taxes (if applicable) will be based on the location of the purchase, and the sales tax rate in effect at the time you purchase a product. All sales of products are final. We will charge tax for funding an account only in states where required.

Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by PayRange. If you use the PayRange Mobile Application, you agree that you are responsible for any and all fees charges and costs that your service provider charges for your mobile phone or mobile device service, such as fees for SMS, data services, other communications or other fees charged by your service provider. Your device service provider does not provide PayRange Services.

5. RECURRING PAYMENTS

Preapproved Payments. A Preapproved Payment is a payment that you authorize us to directly charge your Payment Method on a one-time or periodic (regular-timed, or occurrence/sporadic basis). Preapproved Payments are sometimes called “subscriptions”, “recurring payments”, “preauthorized transfers” or “automatic payments.”

6. BILLING PROCESS

When you fund your PayRange account, your funding instrument or funding account (“Funding Instrument”) will be billed at the time of or shortly after your transaction. If you use a credit card or debit card account for a transaction, we may obtain preapproval for an amount up to the amount of the funding request or other purchase. All fees will be billed to the Funding Instrument you designate during the registration process. If you want to designate a different Funding Instrument or if there is a change in your Funding Instrument status, you must change your information online in the Account Information section of your account, and if you do not, it may temporarily disrupt your access to the Services while PayRange verifies your new payment information. At the time of purchase or after your transaction, your PayRange account will be funded in an amount equal to the value of the purchase, minus, if applicable, taxes and fees. The value of funds can be used only for goods or services (Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates) in transactions involving the PayRange network.

7. STORED VALUE ACCOUNT, ALLOWANCES & PROMOTIONAL VALUE

You are participating in a stored value program as an End User who may use the PayRange Service to buy products, goods and services from one of a limited number of affiliated merchants. Your account will be funded on a prepaid basis, and able to be reloaded or funded up to $500 per loading or funding, but no account shall have the ability to hold more than $999 at any one time. Stored Value, Allowances & Promotional Value, Gifts and Gift Certificates in addition to unused balances, are not redeemable for cash and cannot (except as required by law, and otherwise described in these Terms of Sale and Account) be returned for a cash refund; exchanged; resold; used to purchase Gifts or Gift Certificates; used to provide Allowances. Unused balances are not transferable. Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions. The Gift Certificate cash value is 1/10 of one cent.

PayRange shall be the Issuer of stored value and the Merchant of Record for that transaction. Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates are issued and managed by PayRange (“Issuer”). When your PayRange Account is used for a transaction, the amount of that transaction is deducted from your PayRange account at the time of your transaction.

PayRange is not responsible for lost or stolen Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates or lost or stolen usernames, passwords or mobile devices. Risk of loss and title for Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates transmitted electronically pass to the purchaser upon electronic transmission to the recipient. Risk of loss for Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates transmitted electronically pass upon electronic transmission from PayRange. For avoidance of doubt, such recipient may not always be you. PayRange reserves the right to close accounts and request alternative forms of payment if Stored Values, Allowances, Promotional Value, Gifts and Gift Certificates are fraudulently obtained or used on the Service.

PAYRANGE AS ISSUER, AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO STORED VALUE, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT STORED VALUE, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES ARE NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH STORED VALUE, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

8. PROMOTIONAL VALUE

PayRange Stored Value Accounts may have two or more separate values. All Stored Value Accounts will have the actual amount paid, and some accounts may have associated “Promotional Value” and “Gift Value.”

The “Promotional Value” is any additional value beyond the amount paid. For example, if there is a promotion where funding a stored value account has a ten percent increase, so that funding an actual amount paid value of $10 results in your Stored Value Account balance of $11 dollars, the Promotional Value is $1. The Promotional Value is not actual Stored Value, and is subject to different terms and conditions, most notably may expire on a pre-determined date or after a prescribed amount of time, unless prohibited by law. The Merchant is responsible for permitting you to redeem the Promotional Value for at least the amount paid, even after the promotional value has expired.

9. GIFTS

“Gift” is a generic term for products purchased from the Services or Stored Value funded into an account by someone other than end user. Gifts may be made up of Stored Value or Promotional Value. The value of the Gift will be for the Gift Recipient as if that Gift Recipient had self-funded the stored value or received the Promotional Value, with the exception that if an account is closed with a balance remaining from a Gift, that amount shall be returned to the Giftor’s Funding Instrument.

10. TERRITORY

Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recipients must have compatible hardware and parental control settings to utilize some Gifts. Gifts and the Gifting function may not be available in some jurisdictions. PayRange is not responsible for typographic errors.

11. RESTRICTED ACTIVITIES.

In connection with your use of our website, your Account, the PayRange Services, or in the course of your interactions with PayRange, other Users, or third parties, you will not:

  • Breach this Agreement, or any other agreement or policy that you have agreed to with PayRange;
  • Violate any law, statute, ordinance, or regulation or engage in harassment of other Users, employees or agents;
  • Infringe PayRange’s or any third party’s intellectual or proprietary property rights (such as copyright, patent, trademark, trade secret or other, or rights of publicity or privacy);
  • Provide misleading, inaccurate or false information;
  • Fund your account with fraudulent funds, or receive fraudulent funds;
  • Failure to cooperate in an investigation or failure to provide information needed for compliance with legal obligations or this Agreement;
  • Receive or attempt to receive funds from both PayRange and a bank or credit card issuer for the same transaction, in the event of a dispute;
  • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  • Use your Account or the PayRange Services in a manner that PayRange or credit card issuers (Visa, MasterCard, American Express, Discover) or any other electronic funds transfer network reasonably believes to be a violation of the card system or card association or network rules;
  • Allow your Account to have a negative Balance;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any attack on the system including programming routines that may damage any system, data or Information (viruses, Trojans, worms or other computer programs or subroutines that detrimentally interfere with, surreptitiously intercept or expropriate information; or use any device, software or routine to affect or attempt to interfere with our website or the PayRange Services; use an anonymizing proxy; any automatic or manual process to monitor or copy our website without our prior written permission; and
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.

If we in our sole discretion, believe you have engaged in any Restricted Activities, to protect ourselves or any third party from any liability (fines, claims, fees), we may without limitation: close, suspend, or limit your access to your Account or the PayRange Services; update any inaccurate Information you provided us; and hold your Balance for up to 180 Days when needed to protect against the risk of liability. PayRange, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the PayRange Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Balance. If we find you have violated any part of the Restrictive Policy, we reserve the right to refuse to provide the PayRange Services to you in the future or take legal action against you, or both.

In the event PayRange receives notice of a court order or other legal process that affects your account, PayRange will give notice of efforts it shall make to comply with a court order or other legal process, unless the court order or other process directs that PayRange not provide you notice, in which case it won’t (due to the court superseding any notice obligation PayRange has undertaken or agreed to under the terms of this Agreement). PayRange has no duty or obligation to contest or appeal any such order or process.

12. UNAUTHORIZED ACTIVITY AND ERRORS

You should immediately notify PayRange if you believe there has been unauthorized activity or any error on your account, if your password has been lost or stolen or if your mobile device has been lost or stolen. For Errors or Unauthorized Transactions, you may write to PayRange, Attn: PayRange Support, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220; send us an email at support@payrange.com or telephone PayRange Customer Service at (855) 856-6398. If you write to us, please provide us with the following information: a) your name and the email address registered to your Account, b) a description of any suspected errors with transactions and an explanation as to why you believe the transaction is incorrect or why you need more information to identify the transaction, and c) the dollar amount of any suspected Error or Unauthorized Transaction. After you notify us of any suspected Error or Unauthorized Transaction, or we otherwise learn of one, we will conduct an investigation to determine whether there has been an Error or Unauthorized Transaction that is eligible for refund. We will complete our investigation within 14 Days of the date we received your notification of the suspected Error or Unauthorized Transaction. In certain circumstances, we may need additional time to complete our investigation. If we determine that we need more time to complete our investigation, we may authorize you to create a separate account for use while the investigation is under way. We will inform you of our decision within 3 Business Days after completing our investigation.

Results. If we determine that there was an error, we will promptly credit the full amount of the error into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.

PayRange Processing Errors. We will rectify any processing error that we discover. If the error results in funding less than the correct amount into your PayRange account, PayRange will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, PayRange will debit the extra funds from your Account.

Types of Problems Covered. PayRange may be able to assist you in the case you did not receive the item you paid for with PayRange – “Item Not Received” (INR), which is limited to where PayRange has logged information of a purchase that was made but the machine did not function properly to deliver the Item, or the item was lodged in the machine, and you have taken a picture of the item stuck in the machine, and you have photographic proof that the Item was not received. PayRange expressly disclaims all liability for items that were paid for, but not as described, intended or ordered. PayRange is not responsible for typographic errors or for Items incorrectly or mistakenly ordered by the User. In addition, PayRange is not responsible for items incorrectly delivered by the Operator. PayRange may, at its discretion, reverse the transaction without requiring you to escalate the Dispute to a Claim if the claim is under $5. PayRange may, at its discretion, limit or decline to credit a problem for a user that has a disproportionately large amount of Errors, Unauthorized Transactions and other problems. If you are unable to resolve a problem directly with PayRange, we may give you the contact information of the Operator.

Error In Funding. You may have credit card chargeback rights. Chargebacks may be filed up to 120 Days after the payment, depending on your issue. You may pursue a Dispute/Claim with PayRange, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with PayRange, and you also file a Chargeback with your credit card company, PayRange will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights. You understand that in order to claim an Item Not Received, you will take a photo of the undeliverable Item in the machine in order to process the claim. You also agree that if you have received a refund that you are not able to then file a chargeback.

13. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) PAYRANGE; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF PAYRANGE; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE DISCLAIMING ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITH NO LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, ANY STORED VALUE OR STORED VALUE CARD OR DEVICE, PROMOTION OR PORMOTIONAL VALUE, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CARDS CODES OR PROMOTIONS), THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, OR USER GENERATED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF THE DISCLAIMING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISCLAIMING ENTITIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY FEES PAID FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, WITHOUT LIMITATION, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY CARD CODE OR PROMOTIONAL VALUE OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A CARD CODE OR PROMOTIONAL VALUE).

 15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless PayRange, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Content or Ideas you provide; (c) your violation of these Site Material and the Services; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. PayRange shall be allowed to control the defense in the case of any legal action.

16. DISPUTES WITH PAYRANGE.

You and PayRange agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section with PayRange. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Please, Contact PayRange First. If a dispute arises between you and PayRange or one of the Operators, please contact PayRange to try to resolve your dispute. 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. Disputes between you and PayRange regarding the PayRange Services may be reported to Customer Service by writing to PayRange, Attn: PayRange Support, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220; sending us an email at support@payrange.com or calling PayRange Customer Service at (855) 856-6398.

Applicable Law. You agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and PayRange, except as otherwise stated in this Agreement.

Release of PayRange. If you have a dispute with one or more Users, or an Operator with whom we cannot assist, you release PayRange (our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The failure of PayRange to exercise in any respect any right or remedy provided for herein shall not be deemed a continuing waiver or a waiver, partial or complete, of any future breach or any other right or remedy hereunder.

State Agencies. In addition to reporting complaints against PayRange to us described above, if you are a California resident, you may be able to report complaints to the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811. Florida residents may be able to contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762. If you are a California resident, you have a right to receive information and notices by email. To make such a request, you may do so my email or you may send a letter to us at the following address: PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

Class Action Waiver. YOU AND PAYRANGE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and PayRange each waive any right to a jury trial. You and PayRange also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Agreement to Arbitrate. You and PayRange each agree that any and all disputes or claims that have arisen or may arise between you and PayRange shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. UNLESS BOTH YOU AND PAYRANGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PAYRANGE USERS.

Arbitration Procedure. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Oregon, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different PayRange users, but is bound by rulings in prior arbitrations involving the same PayRange user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will take place in Portland, Oregon.

We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. PayRange will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayRange will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayRange should be submitted by mail to the AAA along with your Demand for Arbitration and PayRange will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PayRange will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayRange for all fees associated with the arbitration paid by PayRange on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Severability. With the exception of the provisions in the Class Action Waiver subsection of this section, if a court decides that any part of this Disputes section is invalid or unenforceable, the other parts of this section shall still apply. If a court decides that any of the provisions in the Class Action Waiver is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this Section (Disputes with PayRange), will continue to apply.

Opt-Out Procedure. YYou can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new PayRange users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept this Agreement for the first time. You must mail the Opt-Out Notice to PayRange, Inc., Attn: Legal Department, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayRange account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this Section (Disputes with PayRange), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you agree to opt out of arbitration, you agree to settle all legal issues in the state and federal courts located in Multnomah County, Oregon.

17. Electronic Delivery of Communications.

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PayRange account (“Account”) and your use of our services. You agree that PayRange may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies you agree to (e.g., the PayRange Terms of Sale and Account, Operator’s Terms of Service and the PayRange Privacy Policy), including updates to these agreements or policies; information related to any Account, including transaction information or confirmations and history, as well as federal and state tax statements which we are required to make available to you, such as an IRS form 1099.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220, or, ironically, contacting us by email at info@payrange.com. You may also withdraw consent to receive an electronic copy of your IRS Form 1099, yet maintain electronic communications with us by requesting paper copies of the IRS form 1099 in the manner described above.

Requesting Paper Copies of Electronic Communications. If you would like a paper copy of any Communication previously sent to you, you may contact us and make a request for a paper copy, up to 6 months after the date of the Communication. Requests made after 6 months may not be able to be met. Paper copies of Communications will be sent by first class US mail. In order for us to send you paper copies, you must have a current street address on file or provide it to us.

Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from PayRange, you must provider your complete and accurate physical address for receipt of US mail.

Privacy Questions

If you have any questions comments or concerns regarding our privacy policy, please contact us at privacy@payrange.com or writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

18. TERM

The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by you or PayRange.

19. FORCE MAJEURE

No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section 10, including without limitation for Reversals, Chargebacks, Claims, fines, fees, refunds or unfulfilled products and services.

 

PayRange Inc., June 2018

 

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS.  BY ACCESSING THIS SITE, OUR MOBILE APPLICATION OR BY USING THE SERVICES OF PAYRANGE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER, AND ALL APPLICABLE TERMS AND CONDITIONS OF PAYRANGE CONTAINED IN OTHER PAYRANGE DOCUMENTATION, INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

1. Terms and Conditions of Service

These Terms of and Conditions of Service (“Terms”) apply to your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) of PayRange (“PayRange,” “we” or “us”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with PayRange for products, services or otherwise.  If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.

PayRange reserves the right to change or modify these Terms at any time and in our sole discretion. If PayRange changes or modifies any provision of the Terms, we will either post on the website or send out a notice or both when changes have been made to the terms that materially affect you, and indicate by what time those changes will be implemented, unless otherwise dictated by law. You are encouraged to review the Terms from time to time.  Your continued use of the Services will confirm your acceptance of the revised Terms.   If you do not agree to any amended Terms, you must stop using the Services.

 2. Additional Terms

The purchase, funding or loading of stored value onto a card, into an account or other instrumentality or the redeeming, transferring or loading of promotional value into an account or other instrumentality is governed by the PayRange Terms of Sale and Account. The use of the PayRange Website is governed by the website Terms and Conditions, with the download and use of the PayRange Mobile Application are governed by the Mobile Application License Agreement. Your privacy concerns are governed by the PayRange Privacy Policy. These agreements and the terms therein subject to change at any time and in our sole discretion. You are encouraged to review the Agreements and terms when using the services and making purchases.

3. Operation of Mobile Devices

The PayRange Services are enabled through Bluetooth technology. In some cases, in order to ensure the Services are properly delivered, the PayRange application may restart the Bluetooth connection in order to perform the services, and such restarting of the Bluetooth connection may interrupt other Bluetooth connections established with that mobile device.

4. Limited License to Intellectual Property

The contents of this web site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the “Site Material”) and that of the Services is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise PayRange is the lawful licensee or owner of all proprietary rights in or related to the Site Material and Services, including patent, copyright, trademark, trade secret, trade dress or other competition law, which extends to all applications, renewals, extensions and restorations thereto. Any other trademarks, registered trademarks, product names and company names or logos mentioned in the Site Material or Services is or may be the property of their respective owners and may not be used without permission of the applicable rights holder.

PayRange hereby grants to you a non-exclusive, limited, nontransferable non-sublicensable license to access and use the Site Materials and the Services. You agree you shall not, (and shall not authorize), prepare derivative works from, adapt, modify, use, analyze, reverse engineer, translate, convert, decompile, disassemble or apply any procedure, program or process to any code provided or developed by PayRange to ascertain, derive and/or appropriate for any reason or purpose, the object or source code or any trade secrets or proprietary information contained in the Site, Site Material and Services. You agree to not obscure, alter or remove any PayRange intellectual property or PayRange intellectual property or proprietary rights notices enclosed in attached or affixed to or otherwise accessed in conjunction with or by the Site Material and Services. Except as expressly authorized by PayRange, you may not copy, sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Services or any Site Materials provided by PayRange under this Agreement to any other person or entity without the prior written consent of PayRange. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by PayRange. PayRange may assign these Terms of Use, in whole or in part, at any time with or without notice to you.

If you believe that material available on our site infringes on your copyright(s), please notify us by providing a Digital Millennium Copyright Act DMCA notice. Upon receipt of a complete and valid notice, we will remove the material and make a good faith attempt to contact the user who uploaded or embedded the material. The requirements for proper notification may be found here 17 U.S.C. §512(c)(3) , and be mailed to the address below or emailed here: (info@payrange.com) 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220; or Telephone PayRange Customer Service at (855)856-6398

Such notification must be in good faith. Knowingly misrepresenting that material or activity is infringing may bring liability for damages including attorney’s fees, and that includes attorney’s fees PayRange may incur due to reliance on the above notification. Repeat infringers, as defined by the DMCA, may have their access terminated, at the sole discretion of PayRange.

If you are using PayRange software such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform, then PayRange grants you a revocable, non-exclusive, non-transferable license to use PayRange’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You must comply with the implementation and use requirements contained in all PayRange documentation accompanying the PayRange Services. If you do not comply with PayRange’s implementation and use requirements you will be liable for all resulting damages suffered by you, PayRange and third parties. PayRange may change or discontinue any APIs upon notice to you

5. Accounts and Registration Detailed Below

In order to use any PayRange Services, either as an Operator or End User, you will be required to register for a PayRange account, an Operator account or end user account, respectively.  These terms are more thoroughly explained in the PayRange Terms of Sale and Account for End Users and the Operator Terms of Service for Operators. An Account may be made through such means as (i) you create an account on the website or through the app, which at a minimum you will be required to have a valid email address and password), (ii) log in through a social media site, where an account is created through information released from the social media site, (iii) an account is generated through the means of a gifting process, or (iv) any other way.

The Services are not directed to children under 13. Our primary means of payment using this website is a credit card, which are not available to children under the age of 18, and generally may not be used by children without their parent’s consent. We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the account. By using the Services, you represent and warrant that you are 13 years of age or older. In certain cases, if you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may be able to use the Services, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

6. Third Party Content

Content on this Site may link to web pages and content of third parties (collectively, “Third Party Content”) for those interested in this information. PayRange not control, endorse or adopt any Third Party Content nor does it make any guarantee as to accuracy or completeness of the Content.  You agree to use such Third Party Content contained therein at your own risk. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content.

Advertisements and promotions may be displayed to you on the Sites or sent to you or may otherwise provide information about or links to third-party products or services from third parties.  Dealings or correspondence with, or participation in promotions of, any third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are between you and such third party alone.  PayRange assumes no liability or responsibility for any damage or loss of any kind in any way incurred as the result of such dealings or promotions or as the result of the presence of such advertisers or third party information on this Site.

7. User Content and Conduct

The Site Material and the Services may include interactive areas in which you along with other registered users may interact, by means of, for example, creating and sending messages or other information such as pictures (“Content”).  These interactive areas are generally designed as public forums for sharing Content with other people.  If you choose to participate in these interactive areas, you understand that information and content posted may be displayed publicly, and once displayed publically, may never be able to be completely deleted from the World Wide Web.  You are solely responsible for your use of the Site Material and the Services acknowledge that you use the interactive areas at your own risk.

By using the Site Material and the Services, you agree you will not Publish (post, upload, transmit, distribute, store or create) through the Site Material and the Services any of the following:

  1. Any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical status, financial information, information concerning sexual orientation, political opinions, criminal activities or information related thereto, religious beliefs, racial or ethnic information, or other sensitive matters) unless agreed to in writing with PayRange;
  2. Content that is unlawful or objectionable, or Content that may jeopardize relationships PayRange has with its employees, vendors and customers. Unlawful Content includes that which is obscene, pornographic, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, or fraudulent. Objectionable Content includes that which is indecent, lewd, suggestive, abusive or inflammatory; Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
  3. Content that may infringe any intellectual or proprietary property, such as patent, trade dress, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any Content, you represent and warrant that you have the lawful right to distribute and produce such Content;
  4. Content that misrepresents your identity, impersonates any person or entity or otherwise or falsifies an affiliation with another person or entity;
  5. Any unsolicited advertising, promotional materials or other forms of solicitation or commercial content or direct marketing;
  6. Viruses, malware, spyware, Trojan horses, time bombs or any other harmful, disruptive or destructive files; and
  7. Content that, in the sole judgment of PayRange, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of PayRange, other users or third parties.

PayRange does not control, assume liability or take responsibility for any Content posted or any third party. PayRange shall not be liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in the Site Material or in the Services.  PayRange will use its sole discretion to enforce the above Terms. Our enforcement or lack thereof does not produce any further guideline or waiver of the above Terms.

If you believe some action or Content violates these Terms, you may report it by (i) contacting us by email at info@payrange.com or (ii) writing to us at PayRange, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220 which is our physical address, or (iii) contacting us by telephone at (855)856-6398 or (iv) clicking on the “Report Abuse” or “Flag” links located just below each piece of Content, if applicable. (However copyright infringement addressed in the DMCA portion, should be handled in that prescribed manner) solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. These Terms do not create any private right of action on the part of any third party. No party should or may expect the Site will be free from Content prohibited by these Terms.

PayRange reserves the right, but does not assume an obligation, to moderate, monitor, screen and edit Content, and reserves the absolute right and discretion to screen edit or remove and Content at any time without notice. PayRange shall not be liable for any loss or damage to Content, whether intentional by us or a third party or unintentional through any means.

 8. Contacting PayRange

 If you have any questions, comments, concerns regarding this the services, or suggestions or other improvements on or related to the Services (“Suggestions”), please contact us by email at info@payrange.com or (ii) writing to us at PayRange, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220 which is our physical address, or (iii) contacting us by telephone at (855)856-6398. All Suggestions shall become the sole property of PayRange, and PayRange shall own all exclusive right, title and interest to all intellectual property thereof, and all intellectual property derived therefrom, and shall be entitled to unfettered use for any purpose whatsoever without compensation or acknowledgement to you. If you intend to pursue your suggestions or in any way make money from them, do not send them to PayRange.

Electronic Delivery of Communications.  You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PayRange account (“Account”) and your use of our services. You agree that PayRange may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies to which you agree (e.g., the PayRange Terms of Service, Terms of Sale and Account and the PayRange Privacy Policy), including updates to these agreements or policies; information related to any Account, including transaction information or confirmations and history, as well as federal and state tax statements which we are required to make available to you, such as an IRS form 1099.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220, or, ironically, contacting us by email at info@payrange.com. You may also withdraw consent to receive an electronic copy of your IRS Form 1099, yet maintain electronic communications with us by requesting paper copies of the IRS form 1099 in the manner described above.

Requesting Paper Copies of Electronic Communications. If you would like a paper copy of any Communication previously sent to you, you may contact us and make a request for a paper copy, up to 6 months after the date of the Communication. Requests made after 6 months may not be able to be met. Paper copies of Communications will be sent by first class US mail. In order for us to send you paper copies, you must have a current street address on file or provide it to us.

Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from PayRange, you must provider your complete and accurate physical address for receipt of US mail.

9. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) PAYRANGE; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF PAYRANGE; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 10. Limitation of Liability

 TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE DISCLAIMING ENTITIES  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITH NO LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, ANY STORED VALUE OR STORED VALUE CARD OR DEVICE, PROMOTION OR PROMOTIONAL VALUE, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CARDS CODES OR PROMOTIONS), THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, OR USER GENERATED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF THE DISCLAIMING ENTITIES  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISCLAIMING ENTITIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY FEES PAID FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, WITHOUT LIMITATION, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY CARD CODE OR PROMOTIONAL VALUE OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A CARD CODE OR PROMOTIONAL VALUE).

 11. Indemnification

You agree to defend, indemnify and hold harmless PayRange, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Content or Ideas you provide; (c) your violation of these Site Material and the Services; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. PayRange shall be allowed to control the defense in the case of any legal action.

12. Applicable Law

You agree that the Terms and the Site, Site Material and the Services are governed by the laws of the State of Oregon, without regarding the conflict of law provisions. You and PayRange each agree that any and all disputes or claims that have arisen or may arise between you and PayRange shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Any action or proceeding relating to your access to, or use of, the Sites or the Terms and the Site, Site Material and the Services shall be instituted in Portland, Oregon. You and PayRange agree to submit to the jurisdiction of, and agree that venue is proper in any such action or proceeding. The parties both waive the right to a jury trial, and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Please refer to End User Terms of Sale and Account for details on Disputes with PayRange.

13. Termination or Modification of Services

We reserve the right to modify or discontinue, temporarily or permanently, the Terms and the Site, Site Material and the Services or any features or portions thereof without notice.  You agree that PayRange will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

14. Severability

If any provision of the Terms and the Site are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

PayRange Inc., December, 2017

 

Special Provisions for iOS Users

  1. Acknowledgement: You acknowledge that the Terms are concluded between You and PayRange only, and not with Apple, and that PayRange, not Apple, is solely responsible for the Licensed Mobile Application and the content thereof.
  2. Scope of License: PayRange grants to you for the Licensed Application a limited, non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Maintenance and Support: PayRange is solely responsible for providing maintenance and support services with respect to the Licensed Application, as specified in the Terms, or as required under applicable law. You and the PayRange acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  4. Warranty: PayRange is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PayRange.
  5. Product Claims: You and PayRange acknowledge that PayRange, and not Apple, is responsible for addressing any of your claims or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding the above, PayRange expressly disclaims all express, implied and statutory warranties to the fullest extent possible by law, including but not limited to warranties of merchantability, fitness for a particular purpose, non- infringement or proprietary rights, and any warranty related to or regarding the reliability of the Application, including timeliness, performance and security of the Application. Your use of this Application (including downloading and use of services), is at your own risk.
  6. Intellectual Property Rights: You and PayRange acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes a third party’s intellectual property rights, PayRange, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Any and all of your questions, complaints or claims with respect to the Licensed Application should be directed to (i) contacting us by email at info@payrange.com or (ii) writing to us at PayRange, 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220, which is our physical address, or (iii) contacting us by telephone at (855)856-6398.
  9. Third Party Beneficiary: You and PayRange acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary hereof.

 

 

PayRange Website Terms of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

These terms and conditions apply for PayRange Inc, (“PayRange”). PayRange reserves the right to revise these Terms and Conditions at any time. Revisions will take effect at the time in which they are reposted online. All disclaimers, terms and conditions will be governed by and enforced according to the laws of the State of Oregon without regard to any conflicts of law provisions, in the state and federal courts located in Multnomah County, Oregon. Please review our Privacy Policy for privacy related terms.

Trademarks and Use of Web Site Materials

The contents of this Web Site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the “Site Material”) is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of PayRange, or its affiliates or business partners. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site, network, print or networked environment is strictly prohibited.

Purchases

In order to purchase product displayed on this website you will be requested and sometimes required to enter certain information, which includes credit card and related payment and billing information. In the act of providing such information, you warrant that it is both current and accurate. The act of making a purchase (even under consideration that the electronic signoff is somehow avoided), confirms that you agree to pay all related charges (including product, service, shipping & handling, and taxes) incurred by yourself or users of your credit card.

Certain data relative to the activity of your user session may be collected. This information as well as information provided through the process of purchasing a product may be used by PayRange. We may use personal information to provide the services you have requested. We may also use aggregated non-personal information for auditing, research and analysis to operate and improve PayRange technologies and services.

Personal information is not shared with other third parties and is solely used by PayRange Inc. All personally identifiable information is not shared with any other third party, the only exception is if law enforcement contacts PayRange if a crime has been committed, or as part of an investigation. Please review our Privacy Policy for privacy related terms.

We may contact you using your email address to inform you of upgrades, outages and other product related information.

Physical orders are made pursuant to a third party shipment contract, therefore risk of loss transfers from PayRange after delivery to such shipper. PayRange bears no responsibility for orders canceled or delayed for reasons including without limitation, limited or inaccurate information supplied, or an inability to contact the person that placed the order, or the cardholder for that order. PayRange reserves the right to refuse an order for any reason.

PayRange Services and accompanying documentation that are made available by download from this Site or any other means are the copyrighted work of PayRange Inc. Use of PayRange Services or other software or the PayRange BluKey is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You may not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site Operation of Mobile Devices. The PayRange Services are enabled through Bluetooth technology. In some cases, in order to ensure the Services are properly delivered, the PayRange application may restart the Bluetooth connection in order to perform the services, and such restarting of the Bluetooth connection may interrupt other Bluetooth connections established with that mobile device.

Use of the PayRange BluKey

You are required to obey all laws, rules, and regulations applicable to your use of the PayRange BluKey (for example, those governing financial services, consumer protections, unfair competition, anti- discrimination, or false advertising). You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access PayRange BluKey, systems, programs, or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from PayRange; (iii) permit any third party to use and benefit from the PayRange BluKey or Service via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the PayRange BluKey or Service, use any tool to enable features or functionalities that are otherwise disabled in the PayRange BluKey or Service – or decompile, disassemble, or otherwise reverse engineer the PayRange BluKey or Service; (vi) perform or attempt to perform any actions that would interfere with the normal operation of the PayRange BluKey or Service, prevent access to or use of the PayRange BluKey or Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the PayRange BluKey or Service except as expressly allowed under this section.

No Warranties

THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PayRange , ITS DIRECTORS, EMPLOYEES, AND AFFILIATES, MAKE NO WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND TO THE EXTENT ALLOWED BY LAW, PayRange DISCLAIMS ALL WARRANTIES REGARDING THIS WEB SITE AND IS CONTENTS WHETHER EXPRESS OR IMPLIED (except as may be set forth in any license or other agreement related to a specific product or service) INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER PayRange NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO THE USER OF THIS WEB SITE OR ANY PRODUCT OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operation or transmission, or any other cause. This limitation of liability will apply regardless of the legal theories under which relief is sought. PAYRANGE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO PAYRANGE.

Address

  • PayRange Inc. 9600 NE Cascades Pkwy, Suite 280 Portland, OR 97220
  • Phone: 1-855-856-6398
  • PayRange Inc., August 2017

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE PAYRANGE OPERATOR SERVICES (“SERVICES”). BY REGISTERING A DEVICE OR USING THE SERVICES, YOU AGREE TO THE PAYRANGE OPERATOR TERMS OF SERVICE.

About our Terms of Service

We developed the PayRange service (the “Service”) to make it easy for you to accept mobile payments for your unattended automated terminals that you use to sell your products and services. If you have any questions as to the terms of service, please do not hesitate to call or contact us.

The purchase, funding or loading of stored value onto a card, into an account or other instrumentality or the redeeming, transferring or loading of promotional value into an account or other instrumentality is governed by the PayRange Terms of Sale and Account. The download and use of the PayRange Mobile Application is governed by the Mobile Application License Agreement. Your privacy concerns are governed by the PayRange Privacy Policy. These agreements and the terms therein subject to change at any time and in our sole discretion. You are encouraged to review the Agreements and terms when using the services and making purchases.

Summary of the Services

The PayRange Service

We provide you with software and a service to track your vending machine sales through the PayRange service; we will respect and protect your privacy, data and personal information.

Registering for PayRange

You provide us with basic information about your company; we will seek to verify your information (we may work with third parties to do so) and approve your service account. We reserve the right to deny any Operator application for any reason. You agree that we can verify your information, and to update the information periodically. If you do not agree to this, then we cannot provide you the Services.

Receiving your Funds from Sales Transactions

We pay you for your sales (minus our fees), at a schedule communicated to you once your use of PayRange is approved. You will be financially liable for refunds, returns, and for customer disputes. Please see section C.2. below.

Termination and Other Legal Terms

We can terminate this agreement at any time. You can also terminate anytime. Termination is effective immediately. Termination does not alter your liability for processed payments or related chargebacks. This section also includes other terms and conditions. If you are terminating a prepaid services package, or if you are selling your PayRange devices or terminals with a PayRange device installed, an early termination fee may apply.

PayRange Terms of Service

The Terms and Conditions described here constitute a legal agreement (“Agreement”) between the sole proprietor or business organization listed as the “Merchant” on the Service registration page (sometimes referred to as “you,” “your”, “user”) and PayRange, Inc. (referred as “PayRange,” “we”, “our” or “us”).

Section A: The PayRange Service

  1. Our Role

Our Service helps you accept payments (collectively “Payments”) from your customers who want to pay you for products or services through a stored value account. PayRange is not a bank or a money services business (“MSB”) and PayRange does not offer banking or MSB services as defined by the United States Department of Treasury.

PayRange is a stored value platform. PayRange Stored Value may only be used with the PayRange Services through the PayRange Mobile Application, which services enable the purchase of products, goods and services from unattended automated terminals. An account is funded on a prepaid basis, and able to be reloaded or funded up to $500.00 per loading or funding, but no account shall have the ability to hold more than $999 at any one time.  Unused balances are not redeemable by PayRange or the Operator for cash and cannot (except as required by law, and otherwise described in these Terms of Sale and Account) be returned for a cash refund; exchanged; resold; used to purchase Gifts or Gift Certificates; or used to provide Allowances. Unused balances are not transferable. Stored Value, Allowances, Promotional Value, Gifts and Gift Certificates purchased in the United States may be redeemed through the Services only in the United States and its territories. In addition, PayRange does not assume any liability for the products or services purchased using our Service. You will be required to register with PayRange to use the Service (see Registering for PayRange).

  1. Our Software

We provide the Operator Interface to enable you to use the Service. We reserve the right to require you install or update any and all software updates to continue using the Service. Our Service also includes software to help you monitor recurring and payments for your products and services.

  1. Authorization for Handling of Funds

3.1 By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from sales transactions associated with your Machines when they are completed (settled)  in relation to the End Users.
3.2 You further authorize PayRange to instruct it’s bank on how your settlement funds should be disbursed to you by ACH credit transaction and the timing of such disbursements.
3.3 Settlement funds will be held in a deposit account at PayRange’s bank pending disbursement of the funds to you in accordance with the terms of this contract.
3.4 You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by PayRange’s bank pending settlement to your designated bank settlement account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account at PayRange’s bank as, for example, accounts receivable.
3.5 We may periodically make available to you information in the PayRange Operator Interface regarding anticipated settlement amounts credited to your account associated with your Machines when they are completed in relation to the End Users and are being held pending settlement.
3.6 This settlement information does not constitute a deposit or other obligation of PayRange or it’s bank to you.
3.7 This settlement information reflected in the PayRange Operator Interface is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account.
3.8 Your authorizations set forth herein will remain in full force and effect until your PayRange Operator Account is closed or terminated.

  1. Customer Service

We will provide you with customer service to resolve any issues relating to your PayRange Operator Account, use of our software, and the distribution of funds to your designated bank settlement account. You, and you alone, are responsible for providing products and services to your customers for any and all issues related to your products and services, and financially liable for issues arising from the malfunction of the Machines and non-delivery of goods and services.

  1. Taxes

It is your responsibility to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide our services.

You acknowledge that we may be required to report to the Internal Revenue Service the total amount of the payments you receive each calendar year if required by law.

  1. Your Data Security Obligations

6.1 You are fully responsible for the security of data on your website, should you have one, or data you collect that is related to your transactions or otherwise in your possession.
6.2 You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit or debit card, or stored value account transaction information (defined as “Data”) on your site.
6.3 Should you accept credit cards apart from The PayRange Services, you agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), to the level required from you.
6.4 The steps you will need to take to comply with PCI-DSS and PA-DSS when using PayRange will vary based on your implementation, and may not be applicable at all, for example, if you do not accept credit cards in your Machines.
6.5 For more information about implementing PayRange, please refer to our documentation.
6.6 If we believe it is necessary based on your implementation and request it of you, you will promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS if requested by us.

It is your responsibility to comply with these standards.

  1. Security and Fraud Controls

PayRange is responsible for protecting the security of Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk. We recommend you review our Privacy Policy, which will help you understand how we collect, use and safeguard the information you provide to us. PayRange may provide or suggest security procedures and controls intended to reduce the risk to you of fraud (“Security Controls”). These Security Controls may include processes or applications that are developed by PayRange or by third parties.

You agree to review all Security Controls and choose those that are appropriate for your business to protect against unauthorized transactions and, if necessary, use other procedures and controls not provided by us. Disabling or failing to properly use Security Controls increases your exposure to unauthorized transactions, and in such case, you would be responsible for the use of lost or stolen data that is used to purchase products or services from your business. PayRange will not be liable for losses resulting from use of that lost or stolen data with the Service.

  1. Audit Right

If we believe that a security breach or compromise of data has occurred, we may require you to have a third-party auditor that is approved by us conduct a security audit of your systems and facilities and issue a report to be provided to us, our banking partners, and the Card Networks.

  1. Your Privacy

Your privacy and the protection of your information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy, linked to and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention, and disclosure of personal information as well as other matters. The Privacy Policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the information you provide to us

  1. Privacy of Others

You will be receiving Data in relation to your PayRange Operator Account. You represent to PayRange that you are and will continue to be in compliance with all applicable privacy laws. You further represent that you have obtained all necessary rights and consents under applicable law to disclose to PayRange – or allow PayRange to collect, use, retain, and disclose – any Data that you provide to us or authorize us to collect, including information that we may collect directly from your end users via cookies or other means. As between you and PayRange, PayRange will provide Notification (for example, the form of stickers or window clings) on your PayRange Enabled Machines, as well as messaging to End Users, in some cases, that your Machine is PayRange Enabled. You are responsible for maintaining this disclosure to your customers. PayRange also makes available added marketing materials.

If you receive information about others through the use of the Service, you must keep such information confidential and may only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so.

  1. Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any stored value account to provide cash advances to cardholders, (ii) submit any Sales transaction for processing that does not arise from your sale of products or services to an End User customer (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent Sales transactions.

You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access PayRange systems, programs, or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from PayRange; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service – or decompile, disassemble, or otherwise reverse engineer the Service – except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the normal operation of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.

  1. Suspicion of Unauthorized or Illegal Use

We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other PayRange agreement, or exposes you, other PayRange users, our processors or PayRange to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your PayRange Operator Account if we reasonably suspect that your use of PayRange has been for an unauthorized, illegal, or criminal purpose.

  1. Disclosures and Notices

You agree that PayRange can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your PayRange Operator Account, or mailing them to the address listed in your PayRange Operator Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

  1. References to Our Relationship

You agree that, from the time you begin processing payment with PayRange until you terminate your account with us, we may identify you as a customer of PayRange. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and PayRange.

  1. Other PayRange Services

From time to time we may offer you additional features or services (“Additional Services, which may be subject to additional or different terms of service. As with this Service, you may not use these Additional Services unless you agree to the applicable terms of service. Except where expressly stated otherwise, your use of Additional Services will have no impact on the applicability of this Agreement to the Service.

 

 Section B: Registering for PayRange

  1. Registration

The PayRange Service is only made available under this Agreement to persons in the United States that operate a business selling products or services, and the PayRange Service is not made available to persons to accept card payments for personal, family, or household purposes. To use PayRange to receive payments, you will first have to register. When you register for PayRange, we will collect basic information including company name, key contact, title, location, email address, tax identification number, and phone number. If you have not already done so, you will also be required to provide an email address and password for your PayRange Operator Account.

You may choose to register as an individual (sole proprietor) or as a business organization. If you register as a business organization, you must also provide information about an owner or principal of the business and you must be authorized to act on behalf of the business and have the authority to bind the business to this Agreement. To sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, the term “you” will mean you, the natural person, as well as the business organization that you represent.

  1. Company Descriptions and Site URL

As part of your registration, you must provide the name under which you do business, which may also include both the business’s legal name and a DBA. This field will appear in your PayRange statements. To avoid customer confusion and transaction disputes, you must enter a description that clearly identifies your business.

  1. Verification and Underwriting

To verify your identity, we will require additional information including your business EIN or Tax ID, and in certain cases, like a sole proprietorship, social security number, and date of birth if applicable. We may also ask for additional information to help verify your identity and assess your business risk including business invoices, a driver’s license or other government issued identification, or a business license. We may ask you for financial statements. We may request for your permission to do a physical inspection at your place of business and to examine books and records that pertain to your compliance with this Agreement. Your failure to comply with any of these requests within five (5) days may result in suspension or termination of your PayRange Operator Account.

After we have collected and verified all your information, PayRange will review your account and determine if you are eligible to use the Service. PayRange may also share your information with our payment processors, each of which may also make a determination regarding your eligibility. Once approved, your account will become live automatically. If the account is complete, PayRange will contact you.

You agree that PayRange is permitted to contact and share information about you and your application (including whether you are approved or declined), and your use of PayRange with the payment processor. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the program, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct PayRange’s risk management process.

  1. PayRange Service – US only

By registering for PayRange, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state in which you operate. PayRange may only be used to process payment for businesses in the fifty states of the United States of America, the District of Columbia and its territories. You may not export the Service directly or indirectly, and you acknowledge that the Service may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

By accepting this Agreement you confirm that you will satisfy these requirements.

  1. Prohibited Businesses

There are certain categories of businesses and business practices for which the PayRange Service cannot be used (“Prohibited Businesses”). Most, although not all, of these Prohibited Business categories are imposed by Card Network rules or the requirements of our banking providers or processors. We maintain a list here: Prohibited Businesses. By registering for PayRange, you confirm that you will not use the Service to accept payments in connection with any of the Prohibited Businesses. If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.

 

Section C: Processing Sales Transactions and Receiving Your Funds

  1. Processing Sales Transactions

As used herein, “Claim” means a challenge to a payment that you or an End User files directly with PayRange. “Reversal” means PayRange reverses the settlement of funds from a processed card transaction that you received because

(a) the settlement funds were sent to you in error by

  • PayRange or it’s bank;
  • the processors, suppliers or licensors of PayRange or it’s bank; or
  • any of the respective affiliates, agents, directors and employees of any of the entities listed in (i) or (ii) above,

(b) the sender of the payment did not have authorization to send the payment (for example: the End User used a card that did not belong to the End User),
(c) you received the payment for activities that violated this Agreement or any other PayRange agreement, or
(d) PayRange decided a Claim against you.

You will not impose any fee or surcharge on a customer that seeks to use the PayRange services, and you will maintain appropriate records of all Sales Transactions for a period of at least two (2) years from the date of the transaction.

  1. Payouts and Transaction History
  • We will pay out settlement funds to your designated bank settlement account (“Bank Account”) you provided when establishing your PayRange Operator Account in the amounts actually received for each transaction less our Fees (as defined below), rounded to the penny, with the minimum charge of one cent  for sales transactions submitted to our Service.
    • The payouts will be made to this Bank Account.
    • This Bank Account must be located at bank branch in the United States and held in the name of the business.
    • You are responsible for the accuracy and correctness of information regarding your Bank Account.
  • Funds for any given transaction will not be transferred to your Bank Account until the transaction is deemed complete.
    • Transactions will be deemed complete when we have received funds settling from the End Users, when we or our processing financial institutions have accepted such funds, and the End User has purchased products and services from you.
  • The actual timing of the transfers to your Bank Account of the settling funds will be subject to the Payout Schedule (as defined below).
  • Any monthly fees will be charged to the Operator’s PayRange account on a weekly basis, netted from Operator’s weekly settlement, unless otherwise agreed to by PayRange

After each payout of stored value account settlement funds to your Bank Account, we will update information in your PayRange Operator Account to reflect settlement. Information regarding your Sales Transactions processed and settled with the Services (“Transaction History”) will be available to you when you login to our website using your PayRange Operator Account. We provide a minimum of one year of Transaction History on our website or upon request to PayRange. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your PayRange Operator Account, your Transaction History and your use of the Service. PayRange is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.

  1. Payout Schedule

Payout schedule refers to the time it takes for us to initiate a transfer to your designated Bank Account of settlement funds arising from Sales Transactions processed through the Service (“Payout Schedule”). Once your Bank Account information has been reviewed, PayRange will initiate transfer of settlement funds (net of Fees, Claims, and other funds owed to us for any reason) in accordance with the Payout Schedule, the terms of which will be made available to you when you log in to your PayRange Operator Interface.

Payouts for your sales transactions are typically sent to your bank weekly, on the Monday immediately following the previous period, from Monday to Sunday. The settlement funds are sent by Automated Clearing House (ACH) and should normally be credited to your Bank Account within 1-3 days of us initiating the payout.

We are not responsible for any action taken by the institution holding your Bank Account that may result in some or all of the funds not being credited to your Bank Account or not being made available to you. You can contact PayRange to inquire about changing the timing of your Payout Schedule. Upon submitting a request, you will be informed of the process and requirements for PayRange to review your Payout Schedule.

We reserve the right to change the Payout Schedule or suspend payouts to your Bank Account should we determine it is necessary due to pending disputes, excessive or anticipated excessive refunds, or other suspicious activity associated with your use of the Service, or if required by law or court order.

Taxes and Reporting. As between you and us, unless we otherwise agree with you in writing or are otherwise required to do so by law, you are solely responsible for the filing of any tax disclosure forms associated with your receipt of funds or payment of funds to any recipient (including, e.g., 1099 forms). You will indemnify and hold PayRange harmless from any fines, penalties, or claims of any kind that result from your failure to do so.

  1. Reconciliations and Errors

Your Transaction History will be available to you when you log in to the PayRange Operator Interface. Except as required by law, you are responsible for reconciling your Transaction History with your actual sales transactions. PayRange has the right but not the obligation to reconcile your transaction history. Each party agrees to notify the other of any discrepancies arising from such reconciliation and verification. We will investigate any reported or suspected discrepancies and attempt to rectify any errors that you or we discover. In the event you are owed money as a result of the discrepancy, we will transfer funds to your Bank Account in the next scheduled payout. In the event of a payout greater than the reconciliation, PayRange is authorized to net out overpayments until the discrepancy is covered. Any recurring charges or other negative balances may be charged to payment card on file or debited from Operator’s bank account, at the discretion of PayRange. Your failure to notify us of an error or discrepancy in your Transaction History within sixty (60) days of when it first appears on your Transaction History will be deemed a waiver of any right to amounts owed to you in connection with any such error or discrepancy in processing your card payments.

If you submit or cause us to process sales transactions erroneously, you agree to contact us immediately. We will investigate any reported errors and attempt to rectify any errors that you or we discover by crediting or debiting your Bank Account as appropriate.

  1. Refunds and Returns & Adjustments

By accepting these terms of service, you agree that PayRange is responsible for refunding and adjusting for purchases made through the Services, or amounts owed for the services and further agree to submit to PayRange any and all refunds and adjustments for returns of your products and services you receive from End Users that were made through the PayRange Service in accordance with the terms of this Agreement. We require that you will

  • maintain a fair return, cancellation or adjustment policy;
  • not give cash refunds to a customer in connection with a sale, unless required by law, and without notifying PayRange, and
  •  not accept cash or any other item of value for preparing a refund.

Full refunds shall be for the exact dollar amount of the original transaction including tax, handling charges, and other applicable charges and fees. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to customer for postage costs incurred for product returns. Best efforts will be used to process all refunds within sixty (60) days after the original transaction date, refunds processed after that time may not be capable of being processed.

For processed refunds, PayRange will deduct the refund amount (including any applicable Fees) from settlement funds owed to you from processing of other Sales Transactions. If these funds are not sufficient, you authorize PayRange to initiate an ACH debit entry to your Bank Account in the amount necessary to complete the refund transaction to the cardholder’s card. In the event PayRange cannot access your Bank Account by means of ACH debit, you agree to pay all funds owed to PayRange upon demand. You are solely responsible for accepting and processing returns of your products and services; PayRange has no responsibility or obligation for processing such returns.

If PayRange discovers that the PayRange Services are charging for your goods and services at a rate higher or lower in the corresponding machine, PayRange will notify you of such discrepancy may either wait for instructions from you or immediately adjust the PayRange Application pricing to reflect the actual machine price (please see also Two Tier Pricing and Reconciliation and Errors).

  1. Excessive Claims

At any point, PayRange, may determine that you are incurring excessive Claims. Excessive Claims may result in additional fees, penalties, or fines. Excessive Claims may also result in

(a) additional controls and restrictions to your use of the PayRange Service

(b) possible suspension or termination of your PayRange Operator Account and access to the Service.

  1. PayRange Fees

You agree to pay the Fees (“Fees”) assessed by us to you for providing the payment services described in this Agreement. These fees will be calculated pursuant to the PayRange Fee (See per transaction fee under ‘Simple Pricing’) linked to this Agreement and incorporated into this Agreement by reference. We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to you. You acknowledge that you are also responsible for any penalties or fines imposed on PayRange or directly to you by any Card Network or financial institution as a result of your activities.

  1. Two-Tier Pricing

PayRange enables you to utilize a two-tier pricing structure with the PayRange Services to offer a discount for the use of cash. The standard PayRange Fee will be applied to and include any two-tier charges. A higher price for PayRange may not be positioned as an additional fee or PayRange two-tier charges. Any two-tier charges may not be more than the two-tier charges for any other cashless payment method on the machine. You may elect to implement a discount for using PayRange, and if so, you may state that it is a discount for using PayRange. If you elect to implement Two-Tier Pricing, the price difference must be expressed clearly at the point of sale so consumers understand there is a lower price for using cash on your vending machine, and that the alternative price is a lower or “discounted” vend price.

  • Signage / notice to be placed on vending machine:

“CASH PURCHASES ARE DISCOUNTED $_.__ PER ITEM”

By electing to use two-tiered pricing, you warrant that you have determined there is no prohibition, state, local or other, on such pricing structure, and you agree to indemnify and hold harmless PayRange for your implementation of a two-tiered pricing structure. If you fail to comply with the Two-Tier Pricing program feature rules, we reserve the right to suspend to cancel your ability to offer Two-Tier Pricing.

 

Section D: License, Termination, and Other General Legal Terms

  1. Your License to Use the Service; Our Trademarks

PayRange grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds you so receive in a manner consistent with this Agreement and documentation provided to you. The Service includes our website, any software, programs, documentation, tools, Internet-based services, components, images, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by PayRange. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when PayRange makes these updates available. PayRange may terminate this license at any time in the event that you use the Service in a manner inconsistent with this License.

We may also periodically make available certain PayRange logos, trademarks or other identifiers for your use (“PayRange Marks”). If we do so, you will use them subject to and in accordance with PayRange’s then current PayRange Marks Usage Agreement. PayRange may limit or revoke your ability to use PayRange Marks at any point. All rights not provided in the PayRange Marks Usage Agreement are expressly reserved by PayRange.

  1. Ownership

The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own all interest, title, and other worldwide IP Rights (as defined below) in the Service and all copies of the Service.

For the purposes of this Agreement, “IP Rights” means all patent rights; copyright, including rights in derivative works; moral rights; rights of publicity; trademark, trade dress and service mark rights; goodwill; trade secret rights; and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PayRange under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PayRange does not waive any rights to use similar or related ideas previously known to PayRange, or developed by its employees, or obtained from sources other than you.

  1. Term

The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by you, PayRange, or it’s bank.

  1. Termination

You may terminate this Agreement by closing your PayRange Operator Account at any time by following the instructions in your PayRange Operator Account profile or by contacting us. If you are terminating a prepaid services package, or if you are selling your PayRange devices or terminals with a PayRange device installed, an early termination fee may apply. We may terminate this Agreement and close your PayRange Operator Account at any time for any reason effective upon providing you notice in accordance with Section A.13 above. We may suspend your PayRange Operator Account and your access to the Service and any funds in your PayRange Operator Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Service because of the risk associated with your PayRange Operator Account, including without limitation significant credit or fraud risk, or for any other reason; or (ii) you do not comply with any of the provisions of this Agreement.

  1. Effects of Termination

Upon termination and closing of your PayRange Operator Account, we will immediately discontinue your access to the Service. You will not be refunded the remainder of any Fees that you have paid for the Service if your access to or use of the Service is terminated or suspended. Any funds in our custody will be paid out to you subject to the terms of your Payout Schedule.

Termination does not relieve you of your obligations as defined in this Agreement and PayRange may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Fees, Refunds, or other investigations or proceedings.

Upon termination you agree (i) agree to complete all pending transactions and immediately cease your use of the Service, (ii) discontinue use of any PayRange or other trademarks licensed under this Agreement, and (iii) immediately remove any PayRange references and logos from your site. In addition, upon termination you understand and agree that (iv) the license granted under this Agreement shall end, (v) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data, and (vi) you are still liable to us for any Claims or other amounts incurred by you or through your use of the Service prior to termination.

At any time within thirty (30) days after terminating your PayRange Operator Account you may request in writing that we transfer Data associated with your Transaction History that you are entitled to receive. If such Data is such that it is covered by privacy laws, it must be transferred in accordance with such privacy laws, for example if the information is covered by PCI-DSS, then it must be transmitted to a PCI-DSS compliant recipient. We will use commercially reasonable efforts to transfer permitted Data within ten (10) business days from receipt of your written request. We reserve the right (but have no obligation) to, after a reasonable amount of time, delete all of your information and account data stored on our servers.

  1. Your Liability

You are responsible for all Claims, fines, fees, penalties and other liability arising out of or relating to your use of the Service and your breach of this Agreement. If you use credit card readers in addition to PayRange, you are responsible for selecting and implementing Security Controls that are appropriate for your business and may be liable for the use of lost or stolen credit cards to purchase products or services from your business. You agree to reimburse your customer, PayRange, it’s bank, and any third party designated by PayRange or it’s bank for any and all such liability.

PayRange will have the final decision-making authority with respect to Claims, including without limitation claims for refunds for purchased items that are filed with PayRange by you or your customers. You will be required to reimburse PayRange for your liability. Your liability will include the full purchase price of the item (plus, if applicable, the original shipping cost and in some cases you may not receive the item back). You will not receive a refund of any fees paid to PayRange.

Without limiting the foregoing, you agree to defend, indemnify, and hold harmless PayRange, it’s bank, and their respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to (i) your breach of any provision of this Agreement; (ii) your use of the Service, including without limitation any Reversals, Chargebacks, Claims, fines, fees, penalties and attorneys’ fees; (iii) negligence or willful misconduct of your employees, contractors, or agents; and (iv) all third-party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Card Network or card issuer).

If you are liable for any amounts owed to PayRange,  you will be required to immediately remit funds owed to PayRange. If you do not do so, PayRange may engage in collections efforts to recover such amounts from you at your cost and expense.

  1. Representation and Warranties

You represent and warrant to us that:

(a) if you are a natural person, you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you’ve obtained the consent of your parent or legal guardian to your execution of this Agreement and use of the PayRange Services in the manner prescribed by PayRange;
(b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement;
(c) the name identified by you when you registered is your name or business name under which you sell products and services;
(d) any transaction submitted by you will represent a bona fide transaction for permitted products or services;
(e) any transactions submitted by you will accurately describe the products or services sold and delivered to a purchaser;
(f) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser;
(g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations;
(h) except in the ordinary course of business, no transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; and
(i) you will not use the Service, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of the Service.

  1. No Warranties

THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) PAYRANGE OR IT’S BANK; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF PAYRANGE OR IT’S BANK; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) WILL CREATE ANY WARRANTY FROM ANY DISCLAIMING ENTITY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PAYRANGE NOR IT’S BANK HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICES, AND NEITHER PAYRANGE NOR IT’S BANK CAN ENSURE THAT YOUR CUSTOMERS WILL COMPLETE A TRANSACTION OR IS AUTHORIZED TO DO SO.

WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK – YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION.

THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER PAYRANGE NOR IT’S BANK WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability and Damages

IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN SECTION 8 ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION 8 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR PAYRANGE OPERATOR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR BUSINESS.

THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THS SECTION 9, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO PAYRANGE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF PAYRANGE OR IT’S BANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from facilities in the United States. PayRange makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service from a country embargoed by the United States, or if you are a person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1. Disputes; Choice of Law; Jurisdiction and Venue

Disputes with PayRange.

You and PayRange agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section with PayRange). Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

 Please, Contact PayRange First If a dispute arises between you and PayRange or one of the Operators. 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. Disputes between you and PayRange regarding the PayRange Services may be reported to Customer Service online through the PayRange Help Center at any time, or by calling (855)856-6398 from 8am to 5pm, pacific time.

Applicable Law. You agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and PayRange, except as otherwise stated in this User Agreement.

Class Action Waiver. YOU AND PAYRANGE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and PayRange each waive any right to a jury trial. You and PayRange also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights

Release of PayRange. If you have a dispute with one or more Users, or an Operator with whom we cannot assist, you release PayRange (our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The failure of PayRange to exercise in any respect any right or remedy provided for herein shall not be deemed a continuing waiver or a waiver, partial or complete, of any future breach or any other right or remedy hereunder.

State Agencies. In addition to reporting complaints against PayRange to us described above, if you are a California resident, you may report complaints to the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811. Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762. If you are a California resident, you have a right to receive information and notices by email. To make such a request, you may do so my email or you may send a letter to us at the following address: PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

Agreement to Arbitrate. You and PayRange each agree that any and all disputes or claims that have arisen or may arise between you and PayRange shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. UNLESS BOTH YOU AND PAYRANGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PAYRANGE USERS.

Arbitration Procedure. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Oregon, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different PayRange users, but is bound by rulings in prior arbitrations involving the same PayRange user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will take place in Portland, Oregon.

We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. PayRange will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayRange will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayRange should be submitted by mail to the AAA along with your Demand for Arbitration and PayRange will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PayRange will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayRange for all fees associated with the arbitration paid by PayRange on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Severability. With the exception of the provisions in the Class Action Waiver subsection of this section, if a court decides that any part of this Disputes section is invalid or unenforceable, the other parts of this section shall still apply. If a court decides that any of the provisions in the Class Action Waiver is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this Section (Disputes with PayRange), will continue to apply.

Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new PayRange users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to PayRange, Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) or user name used to log in to the PayRange account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this Section (Disputes with PayRange), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you agree to opt out of arbitration, you agree to settle all legal issues in the state and federal courts located in Multnomah County, Oregon.

  1. Right to Amend

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, such as on our website or any other website maintained or owned by us. Any use of the Service or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.

  1. Change of Business

You agree to give us at least thirty (30) days prior notification of your intent to change your current product or services types, your trade name, or the manner or types of payments you accept. You agree to provide us with prompt notification if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You also agree to promptly notify us of discovery of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business, any transfer or sale of 25% or more of your total assets or any change in the control or ownership of you or your parent entity. You will also notify us of any judgment, writ or warrant of attachment or execution, or levy against 25% or more of your total assets not later than three (3) days after you obtain knowledge of it.

  1. Parties

This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns, should we consent to assignment.

  1. Third-Party Services and Links to Other Web Sites

You may be offered services, products, and promotions provided by or be presented links to websites operated by third parties (“Third-Party Services”) that utilize, integrate, or provide services related to the Service. If you decide to use these Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these Third-Party Services. You agree that we are not responsible for the performance of Third-Party Services. Additionally, our website may contain links to Third-Party Services as a convenience to you. The inclusion of any links to Third-Party Services does not imply an approval, endorsement, or recommendation by us. Access and use of any Third-Party Service is done at your own risk. You understand that the Third-Party Service is not governed by the terms and conditions contained in this Agreement. We expressly disclaim all responsibility and liability for Third-Party Services. Please remember that when you use a link to go from our website to a Third-Party Service, our Privacy Policy is no longer in effect. Your browsing and interaction with a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms and policies.

  1. Force Majeure

No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section D 10, including without limitation for Reversals, Claims, fines, fees, refunds or unfulfilled products and services.

  1. Responding to Legal Process

PayRange may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. We may deliver or hold any funds or, subject to the terms of our Privacy Policy, any information as required under such Legal Process, even if you are receiving funds on behalf of third parties. Where permitted, we will use reasonable efforts to provide you notice of such Legal Process by sending a copy to the email address we have on file for you. PayRange is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Legal Process.

  1. Entire Agreement

This Agreement and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and PayRange with respect to the provision of the Service. In the event of a conflict between this Agreement and any other PayRange agreement or policy relating to the subject matter herein, this Agreement shall prevail. Except as expressly provided herein, these terms and conditions describe the entire liability of PayRange and our vendors and suppliers (including processors), set forth your exclusive remedies with respect to the Service, and define your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

  1. Survival

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: Sections A(3) (“Authorization for Handling of Funds”), A(5) (“Taxes”), A(6) (“Your Data Security Obligations”), A(7) (“Security and Fraud Controls”), A(10) (“Privacy of Others”), C(4) (“Reconciliations and Errors”), C(5) (“Refunds and Returns”), C(6) (“Excessive Claims”), C(7) (“PayRange Fees”), D(2) (“Ownership”), D(5) (“Effects of Termination”), D(6) (“Your Liability”), D(8) (“No Warranties”), D(9) (“Limitation of Liability and Damages”), D(10) (“Disputes; Choice of Law; Jurisdiction and Venue”), D(14) (“Parties”), D(17) (“Responding to Legal Process”), D(18) (“Entire Agreement”), D(19) (“Survival”), and D(20) (“Card Network Disclosure”).

  1. Electronic Delivery of Communications.

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PayRange account (“Account”) and your use of our services. You agree that PayRange may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies you agree to (e.g., the PayRange Terms of Sale and Account, Operator’s Terms of Service and the PayRange Privacy Policy), including updates to these agreements or policies; information related to any Account, including transaction information or confirmations and history, as well as federal and state tax statements which we are required to make available to you, such as an IRS form 1099.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220, or, ironically, contacting us by email at info@payrange.com. You may also withdraw consent to receive an electronic copy of your IRS Form 1099, yet maintain electronic communications with us by requesting paper copies of the IRS form 1099 in the manner described above.

Requesting Paper Copies of Electronic Communications.

If you would like a paper copy of any Communication previously sent to you, you may contact us and make a request for a paper copy, up to 6 months after the date of the Communication. Requests made after 6 months may not be able to be met. Paper copies of Communications will be sent by first class US mail. In order for us to send you paper copies, you must have a current street address on file or provide it to us.

Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from PayRange, you must provide your complete and accurate physical address for receipt of US mail.

Who To Talk To About Your Privacy Questions

If you have any questions comments or concerns regarding this privacy policy, please contact us at privacy@payrange.com or writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

Installing Applications on your PayRange Operator Account

These terms below only apply to you if you authorize another application to connect to your PayRange Operator Account.

RESERVED.

PayRange Inc., January 2018

This privacy policy (“Privacy Policy”) describes how data is collected by PayRange, in relation to the use of our website, our mobile application and our products and services,  and how data and personal information is collected and used, and your rights in relation to the collection, storage use and sharing of data and personal information.

Personal information may be requested any time you contact PayRange or a PayRange affiliated company. PayRange and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. We reserve the right to change any provision of the Privacy Policy at any time. We will either post on the website or send out a notice or both when changes have been made to the Privacy Policy that materially affect you, and indicate by what time those changes will be implemented, unless otherwise dictated by law. You are encouraged to review the Privacy Policy from time to time.

1. Collection and Use of Personal Information
a. What We Collect
Personal information is information that can be used to specifically or explicitly identify or contact a single person.  We may collect a variety of information, including your name, telephone number, address, email address and contact preferences when you create an account, register for special services, download updated software or participate in a survey, or contact customer support

When you visit our website or use our services, we collect information sent to us by the means with which you contacted us, such as your computer, mobile phone or other device used to access us or the services. The information sent to us includes data on the pages you access, your computer IP address, device identifiers, the type of operating system you are using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you are using and traffic to and from our site. When you visit the PayRange website or use the PayRange Services, we may also collect information about your transactions and your activities.

In the case you take advantage of our gifting services, sending information, gift certificates or products, or invite others to join the services, PayRange may collect the information you provide about those people such as name, address, email address, and telephone number.

In certain cases, we may work with social media sites. Information received from social media sites is controlled by them, and if information from a social media site is sent to us, you agree that we may collect store and use this information in accordance with our own Privacy Policy.

b. How We Use It
We use your personal information to provide you services, and to complete transactions in which you enter with us or using the services. We may also use your personal information for communications; from time to time, we may use your personal information to send updates and important notifications, such as changes to our documentation (terms conditions policies and procedures) and because this communication pertains to the provision of your services, you may not opt out of receiving these updates. We may also use your personal information to improve our products, content & services. In the case of a promotion of any kind, any personal information given may be used to administer such promotion. We may also use this information to send target marketing and promotional offers based on your preferences.

2. Collection and Use of Non Personal Information
What We Collect & How We Use It
We may collect non-personal information; data we collect about the use of the services or about a group or category of services or users, from which individual identities or other personal information has been removed or in anonymized form that does not directly identify you.

We may also collect

  • Demographical Information, such as age range, gender, time zone, state, city, area code, zip code, climate characteristics, language preference & device identifier. The items help us determine to whom we should tailor services.
  • Transactional Data such as whether a transaction took place, what kind of device was used, was the transaction successful, over what route the transaction came, how long it takes to complete the transaction, et al. These items help us keep up the services and improve the service we provide to you.
  • Behavioral Information where a transaction takes place, when a transaction, time of year, time of day, what was purchased, whether it is a repeat transaction. This information helps our corporate customers improve the products and services they provide to you as a consumer, and helps us to determine how we should tailor services.

In the case non-personal information is combined with personal information, the result will be treated as personal information.

3. Cookies and Other Technologies
We may use small text or data files known as “Cookies” (or other technology such as web beacons, pixel tags, “Flash cookies” or other local storage provided by your web browser or other applications).  These are tools which help us recognize you as a return user, customize your user experience (such as content and advertising), and measure our performance in servicing you. This technology can also prevent fraud and minimize risk, ultimately leading to a trusted and enjoyable experience.

Pixel Tags allow us to send messages to users, and also to verify whether a user has viewed a page, a message or email. We use this technology and information to minimize messages sent to users.

We use Cookies that are used during individual visits, which expire or are deleted or both, after each visit, and Cookies that remain on your devices until they are erased or they expire, or are otherwise destroyed.

Our Cookies are devised so that they will provide us with useful information to customize your experience at PayRange. In the case you do not want to employ the use of Cookies, you may decline the use of them (should you be allowed by the browser) but doing so may interfere, delay or destroy the use of our services. Please refer to the support pages provided by your respective technology to learn how to able, disable, block, suspend or delete Cookies. Cookies may also be used to tailor a service, such as the provision of ads in an application or on a website. In such case, should those cookies be deleted, it may not stop ads from appearing, but would make the ads more random and of less use or interest to you. Cookies may also be used to remember preferences, and in doing so, speed up transactions and minimize wait times. Should those cookies be blocked or deleted, transactions may take longer.

In the case Cookies are somehow combined with personal information, the result would be treated as personal information.

Operation of Mobile Devices. The PayRange Services are enabled through Bluetooth technology. In some cases, in order to ensure the Services are properly delivered, the PayRange application may restart the Bluetooth connection in order to perform the services, and such restarting of the Bluetooth connection may interrupt other Bluetooth connections established with that mobile device.

4. Disclosure to Third Parties
From time to time we may make certain proprietary or personal information available to service providers and affiliates with whom we work (or, to a vending management company if you engage such as a service provider, or your PayRange devices were provided by a vending service provider), in order to provide our products and services or who assist in promotional and marketing activities. Personal information will not be shared or sold to third parties for their marketing purposes, and only shared by us to fulfill or improve products, services and promotional and marketing activities.

We will from time to time employ or contract with service providers who provide services such as customer support, managing data, delivering products and services, conduct research, and assess your interest in the products and services. These service providers are obligated to keep your personal information protected.

When necessitated or compelled by law, legal process, legitimate requests from authorities (foreign or domestic) including subpoena, it may become necessary for PayRange to disclose personal information.  We may also disclose personal information for the purposes of public importance, such as enforcement of the law, public health and safety or national security.

5. Protection of Personal Information
PayRange uses multiple safeguards to protect your personal information against misappropriation, loss, theft, unauthorized access, alteration and destruction. These include physical devices, technical knowhow, policies and procedures and administrative steps. In addition, Purchase made through PayRange are made through an encryption known as a Secure Sockets Layer with a PCI level 1 compliant service. For more information on PayRange security features, please visit www.payrange.com/security.

6. Integrity and Retention of Personal Information
PayRange has a commitment to privacy which we communicate and reiterate to our employees, and strictly enforce privacy and security. Should you wish to close your account and end your relationship with PayRange, we will “close” such account, but retain personal information to collect fees or redeem value, resolve disputes, or assist with any action required or permitted by law.

7. Access to Your Information
We also commit to accuracy of information, and you may review and edit your personal information, including partial or total deletion of such information, by logging into your account settings and profile. To verify it is accurate & change it. Should this not be available to you, you may contact us through the contact information listed below for assistance.

8. Children
We do not knowingly collect information on children under the age of 13, unless through a special program, a parent has set up a student account on behalf of that child, and a verified consent from the parent has been provided. In the case we learn that information has been collected on a child under the age of 13 without the appropriate parental consent, action will be taken to remove such information as quickly as possible. For more information, please review PayRange Terms of Sale and Account.

9. Location-Based Services
PayRange may collect, use and share location data, including precise location data and real time geolocation data in combination with Transactional Data in order to provide other users product and service information in real time. This information is anonymized and aggregated, and will not personally identify users.

10. Third Party Sites And Services
Our website, mobile application links to third party websites and locations, and encourage use of their services. Our products and services may contain offers or offer products and services from third parties. Any information gathered by third parties is governed by those third parties’ privacy policies. You are encouraged to verify the privacy policy of every service you use.

11. International Users
PayRange is not intended for international use at this time, therefore international participation is not expected or encouraged. As this is the case there are no reasonable means for PayRange to determine whether personal information is coming from overseas, and disclaims any liability should an unintended user somehow register personal information. In the case we learn that information has been collected on unintended user without the appropriate information “safe harbor” framework, action will be taken to remove such information as quickly as possible.

12. Who To Talk To About Your Privacy Questions
If you have any questions comments or concerns regarding this privacy policy, please contact us at privacy@payrange.com or writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220.

13. Electronic delivery of communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PayRange account (“Account”) and your use of our services. You agree that PayRange may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies you agree to (e.g., the PayRange Terms of Sale and Account, Operator’s Terms of Service and the PayRange Privacy Policy), including updates to these agreements or policies; information related to any Account, including transaction information or confirmations and history, as well as federal and state tax statements which we are required to make available to you, such as an IRS form 1099.

14. Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at PayRange Inc., 9600 NE Cascades Pkwy, Suite 280, Portland, OR 97220, or, ironically, contacting us by email at info@payrange.com. You may also withdraw consent to receive an electronic copy of your IRS Form 1099, yet maintain electronic communications with us by requesting paper copies of the IRS form 1099 in the manner described above.

15. Requesting paper copies of electronic Communications. If you would like a paper copy of any Communication previously sent to you, you may contact us and make a request for a paper copy, up to 6 months after the date of the Communication. Requests made after 6 months may not be able to be met. Paper copies of Communications will be sent by first class US mail. In order for us to send you paper copies, you must have a current street address on file or provide it to us.

16. Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from PayRange, you must provider your complete and accurate physical address for receipt of US mail.

We may update our privacy policy. When such update is deemed material, we will post a notice describing the update as well as the update on our website.

PayRange Inc., August 2017

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