Effective: November 14, 2017
Services. We may make available to User various financial services and products (the “Services”) through the Site, or by linking to other websites, either directly or indirectly through various third party providers (the “Third Party Providers”). Neither we nor Third Party Providers can guarantee the Services. There may be delays omissions, or inaccuracies in any Product, Material or Service.
Eligibility. You must be at least 18 years old to use the Site and apply for the Services available through the Site. You affirm that you are at least 18 years of age.
Authentication. When applying for the Services, you are required to provide all information and personal data as detailed on the Site. Among other things we may request your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other legal forms of identification. We may require, at our sole discretion and at any time, additional documents to approve an application or to continue providing the Services. Additionally, we may require commercial Users to provide documents in order to verify the identity and business status of the commercial User. We will deny any application that has missing or misleading documents or information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity, including without limitation, asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report on you and verifying the information submitted by you against third party databases or through other sources.
for our protection or yours when we have reasonable cause not to honor a transfer.
You agree that neither we, nor any representative, agent employee or service provider associated with us or the Services will be held responsible or liable to you or any other person for such action except as required by law.
Prohibited Activities. The following are prohibited activities (“Prohibited Activities”) in connection with your use of the Services and the Site:
Violation by you of any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising)
Use of the Site or Services in connection with:
illegal activities, products or services
narcotics, steroids, certain controlled substances, illegal drugs or associated paraphernalia, or other products that present a risk to consumer safety
obscene, pornographic or sexually explicit activities
tobacco or weapons, ammunition or firearms
the sale of traveler’s checks, money orders, currency exchanges or check cashing
credit repair or debt settlement services
pyramid or ponzi schemes
purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts
human or animal parts (dead or alive)
pharmacy and drugs except with license
spammers, unsolicited email commercial services
wares (pirated software), illegal MP3s sales, copyright infringers
Infringement by you of RothPay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
Any act by you in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing
Providing false, inaccurate or misleading information
Refusing to cooperate in an investigation or provide confirmation of your identity or any information you provide to us
If you conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, charge backs, fees, fines, penalties, frauds, and other liability to us, a User, a third party or you
If you use the Services in a manner that we, or any of our third party providers reasonably believe to be an abuse of the card system or a violation of card association rules
If you facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
Using any robot, spider, other automatic device, or management process to monitor or copy the Site
Using any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Site or the Services
Taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers
Disclaimers. We do not represent or endorse the accuracy or reliability of any information, content or advertisements (the “Materials”) contained on, distributed through, or linked, downloaded or accessed from the Site, except as otherwise expressly stated in any applicable Service Agreement, nor the quality of any Materials, Software or other products displayed, purchased, or obtained by User as a result of any advertisement or any information or offer in or in connection with the Services or the Site. User acknowledges that any reliance upon any Service or Material shall be at User’s sole risk, except as otherwise required by applicable law. We make no representation that Materials or Services available on this Site are lawful, appropriate or available for use in locations outside the United States, and accessing them from territories where the same or their content is illegal is prohibited. Any User who chooses to access this Site from other locations does so on User’s own initiative and is responsible for compliance with local laws.
You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with that assessment.
- Site Content and Availability. All content included on this Site is copyrighted under the laws of the United States of America and is protected by worldwide copyright laws and treaty provisions. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of us and other parties. Users are prohibited from using any Marks without the written permission of us or such third party, which may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Site for any commercial, public, or unlawful purpose. The Site has been prepared solely for the purpose of providing information regarding the Services offered by us. We have compiled the Site in good faith; however, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information might be incomplete, may contain errors or become out of date.
Although considerable effort is expended to make the Site and other means of communications and access available around the clock, we do not guarantee continuous, uninterrupted, error free or secure access to any part of the Services, and operation of our Site may be interfered with by numerous factors outside of our control. You agree that we will not be responsible for temporary interruptions in service due to maintenance, Site changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including, but not limited to, the failure of interconnecting and operating systems, computer viruses, forces of natures, labor disputes and armed conflicts.
Internet Linking. We may provide certain links on the Site to other websites for user convenience. We do not endorse or accept responsibility for any such linked website. We makes no representations about any website User may access through our Site. Any website linked to this Site may be independent from us. As a result, we have no control over the services, products, materials, or other information contained in or available through these third party websites. The quality and dependability of these third party websites may vary as they are updated or altered. Access to or reliance on any other websites linked to the Site is at the User’s own risk.
Transmission and Use of Data. Subject to Section 13 below, User acknowledges and agrees that by providing us with any personal or proprietary User information through the Site, User hereby consents to the transmission of such personal or proprietary User-related information to us, our agents, service providers, and processors as necessary for handling in accordance with our standard business practices. You may use the Site for your own business purposes only, in connection with obtaining the Services. You agree not to transfer, sublicense, rent, assign, share, copy, translate, convert to another programming language, decompile, disassemble, modify, or change the Site or any information contained therein for any purpose. You agree to hold in trust for Emburse and not disclose to any other party, or allow any other party to inspect, copy, or use the Site and any information contained in, related to, transmitted to or from, or derived from Emburse or the Site (collectively, the “Data”). You may not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense, or assign any aspect of the Data.
Log Files. We use IP addresses to analyze trends, compare geographic location to provided information, administer the Site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information except in cases where an IP address is positively linked to a crime, hacking or fraud. IP addresses associated with such activities will be used to identify the perpetrator to the proper authorities.
User/Non-User/Third Party Claims. We will take due care in delivering your instructions, but are not responsible for any third party claims arising from any transaction facilitated through our Services such as, but not limited to, the quality of purchased goods or services. You agree to resolve any problems or claims directly with the party with whom the claim or problem arose.
To the fullest extent permitted by law, the indemnified parties disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the service and all information, products and other content (including third party information, products and content) included in or accessible from the site. No license to you is implied in these disclaimers.
Taxes. You acknowledge and agree that we are not obligated to determine whether any federal, state or local tax applies to any transaction involving the use of the Services, nor are we responsible for collecting, remitting, or reporting any sales, use, income or other taxes arising from any such transactions
Suspending or terminating the Services or limiting your access thereto
Reporting you to any government agencies
Seeking a temporary restraining order or taking other legal action against you
Telephone Activities. You understand that supervisory personnel may randomly monitor customer service telephone conversations either for training purposes or to ensure that you receive accurate, courteous, and fair treatment. When you provide a phone number to us, or if you call us from a phone number, you consent to accept calls from us to that phone number, including collection calls.
The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms may be obtained and Claims may be filed at American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017–4605, 800–778–7879, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within Flathead County in the State of Montana. Judgment upon any arbitration award may be entered in any court having jurisdiction.