Terms of Use

Effective: November 14, 2017

L.F. Rothschild & Company, Inc. and its banking and servicing partners (collectively "RothPay", "We", "us," or "our") require that all visitors to https://www.rothpay.com (the “Site”) adhere to the following terms of use ("Terms of Use"), and such other service agreements required by us for specific services or products available through this Site (the “Service Agreements”). To the extent there is a conflict between the terms of this Terms of Use and a Service Agreement, the terms of the applicable Service Agreement shall control with respect to that product or service. All references herein to “User”, “you” and “your” shall mean the person or entity using the Site. By accepting these terms or using the Site, User indicates User’s acceptance of and agreement to these terms and conditions, as amended, and each amendment thereto from time to time by us.

  1. 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.

  2. 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.

  3. 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.

  4. Use of Site and Services for Lawful Purposes. You agree to use the Site and the Services only for bona fide and lawful purposes and only in accordance with the terms of this Terms of Use and the Service Agreements. You may not use the Services to conduct any illegal activity or Prohibited Activities (as hereafter defined). We have the right to terminate the Services and to refuse to facilitate (or may reverse) any transfer if we believe, in our sole discretion, that you are using the Service for any Prohibited Activities, any other illegal or improper purpose or if:

    1. any transfer is not in accordance with any other requirement stated in this Terms of Use or any of our policies, procedures or practices;

    2. 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.

  5. Prohibited Activities. The following are prohibited activities (“Prohibited Activities”) in connection with your use of the Services and the Site:

    1. 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)

    2. Use of the Site or Services in connection with:

      1. illegal activities, products or services

      2. narcotics, steroids, certain controlled substances, illegal drugs or associated paraphernalia, or other products that present a risk to consumer safety

      3. internet gambling

      4. obscene, pornographic or sexually explicit activities

      5. tobacco or weapons, ammunition or firearms

      6. the sale of traveler’s checks, money orders, currency exchanges or check cashing

      7. credit repair or debt settlement services

      8. pyramid or ponzi schemes

      9. purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts

      10. hatred websites

      11. human or animal parts (dead or alive)

      12. pharmacy and drugs except with license

      13. replica

      14. spammers, unsolicited email commercial services

      15. wares (pirated software), illegal MP3s sales, copyright infringers

    3. 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

    4. Any act by you in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing

    5. Providing false, inaccurate or misleading information

    6. Refusing to cooperate in an investigation or provide confirmation of your identity or any information you provide to us

    7. 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

    8. 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

    9. 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

    10. Using any robot, spider, other automatic device, or management process to monitor or copy the Site

    11. Using any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Site or the Services

    12. Taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers

  6. RothPay Service Fees. There are currently no fees to apply for or use the products and services made available through this Site. However, we reserve to modify this Section 6 in accordance with Section 21 (TERMINATION OF SERVICE; CHANGES TO TERMS OF USE) below.

  7. 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.

  8. Browser, Software, and Internet Services. You are responsible for obtaining a browser capable of a sufficiently high level of encryption to meet the systems requirements established by us from time to time to access the Services on the Site. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process transactions and the ability of such systems and software to do so accurately. You acknowledge that we are not responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for, any browser or other software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. Your use of any browser or software may also be subject to the license agreements of the respective manufacturer, in addition to the terms and conditions of this Terms of Use. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with the Site or Service and to initiate or process instructions or transactions, whether such instructions or transactions are initiated or processed directly with our Site or Service or through a third party service provider.

    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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. Software License. The software and documentation provided to User by us and/or our’ software suppliers and any enhancements, modifications or revisions (the “Software”) is the intellectual property of us and/or our software suppliers. The Software is licensed to User for use only (i) in conjunction with the Internet access Services provided by us and (ii) in accordance with this Terms of Use. User may not (except to the extent applicable law expressly prohibits the following restrictions): (i) permit others to use the Software except in accordance with the terms of this Terms of Use; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or permit others to do so; (iii) copy the Software or use the Software for any commercial purpose, or any public display without our prior written permission; (v) rent, lease, grant a security interest in, or otherwise transfer rights in the Software. We and our Software suppliers retain all title, rights (including, without limitation intellectual property rights) and interest in the Software, except as expressly licensed in this Terms of Use. We may, at any time in its sole discretion, provide User with an upgrade of the Software. However, nothing in this Terms of Use grants User any right to receive any enhancement, upgrade or update of the Software. Unless we indicate otherwise in providing an update of the Software, the terms of this Terms of Use shall apply to any upgrade, enhancement, or update of the Software.

  14. 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.

  15. Indemnity. You acknowledge and agree that you are personally responsible for your conduct while using the Site and agree to indemnify and hold us and our parent, affiliates, officers, directors, employees, processors and agents (collectively, the “Indemnified Parties”) harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees and court costs) that may be incurred in connection with a third party claim or otherwise, in relation to your use of the Service or the use of the Service by anyone using your Card Account number, PIN, User ID or Password or your violation of this Terms of Use or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Terms of Use.

  16. Release. If you have a dispute with one or more Users and/or customers, you release the Indemnified Parties from any and all claims, demands, causes of action and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you specifically waive any provision of law that limits the general release and indemnity given by you in this Terms of Use.

  17. No Warranties; Disclaimer of Liability. Except where the law requires a different standard, in no event shall the indemnified parties be liable for any loss, damage or injury or for any direct, indirect, special, incidental, exemplary, or consequential damages (including without limitation, lost profits) arising out of or in connection with the site, the service, or this terms of use however arising. Liability of the indemnified parties to you or any third parties in any circumstance is limited to the amount of fees paid by you under this terms of use.

    The indemnified parties are specifically not responsible for any claims or demands arising from or related to the equipment, browser and/or the installation or maintenance thereof, access to or use of the online service, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware or software, failure or unavailability of internet access, problems with internet service providers, problems or delays with intermediate computer or communications networks or facilities, problems with data transmission facilities or any other problems you experience due to causes beyond the control of the indemnified parties. Except as otherwise expressly provided in any applicable terms of use, you understand and agree that your use of the online service is at your sole risk and that the online service and all information, products and other content (including third party information, products and content) included in or accessible from the sites, are provided on an “as is” “where-is” and “where available” basis, and are subject to change at any time without notice to you. You acknowledge that the indemnified parties make no warranty that the online service will be uninterrupted, timely, secure or error-free unless otherwise stated on the site or in any applicable terms of use.

    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.

  18. 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

  19. No Waiver. No failure by us to enforce the performance of any provision of this Terms of Use or to impose any fee or other amount allowed hereunder will constitute a waiver by us of our right to subsequently enforce such provision or any other provisions of this Terms of Use or to impose such fees or other amounts pursuant hereto.

  20. User Violations or Breach. It is your responsibility to ensure that all transactions comply with all our terms and conditions. If you become aware of any violations of our terms and conditions, you must report them immediately to RothPay at support@rothpay.com. You understand, agree, and accept that if you violate or breach this Terms of Use or any of our other terms and conditions for using the Site and the Services, we may suspend or terminate your access to the Services with or without notice to you and may take legal action against you to recover any losses caused by such breach.

  21. Termination of Service; Changes to Terms of Use. We reserve the right to deny or terminate User’s access to or use of the Site, any Service, or Material, or any portion thereof, in our sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User’s breach of any provision of this Terms of Use or any applicable Service Agreement or discontinuance of our access to any Service or Material. In the event of any such termination by us, we shall have no liability to User. We reserve the right to revise this Terms of Use at any time, effective upon posting the revised Terms of Use on our Site without other notice to User except as required by law. If you find the terms of this Terms of Use unacceptable to you at any time, please discontinue your use of the Site, Service or Material.

  22. Recourse. If you engage in any Prohibited Activities or breach any terms of our Terms of Use, we may take additional actions to protect Users, third parties, us, or yourself including, but not limited to those set forth below. You hereby understand, agree, and accept that we may implement any of the actions presented hereunder and in any part of our Terms of Use and release us from any claims that may arise from the implementation of such actions. Such actions include, but are not limited to:

    1. Suspending or terminating the Services or limiting your access thereto

    2. Reporting you to any government agencies

    3. Seeking a temporary restraining order or taking other legal action against you

  23. 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.

  24. Severability. If a court finds any provision of this Terms of Use invalid or unenforceable, such finding shall not make the rest of this Terms of Use invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Terms of Use in all other respects shall remain valid and enforceable.

  25. Headings. The Section and Subsection headings in this Terms of Use are inserted solely as a matter of convenience and for reference, and shall not be considered in the construction or interpretation of any provision hereof. Unless the context otherwise specifically requires, all references to Sections of this Terms of Use shall refer to all Subsections thereof.

  26. Assignability. We may assign or transfer our rights and obligations under this Terms of Use, including all our rights and obligations in respect of any Services or any sums due hereunder, at any time without prior notice to you. This Terms of Use is not assignable or transferable by you.

  27. Privacy Policy. We maintain procedures designed to protect confidential information about User and User’s use of any Materials and Services. RothPay collects personal information for the purposes of ensuring the technical functioning of our systems, fulfilling compliance requirements, and improving our services through the analysis of aggregate usage. Security measures and procedures are in place to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of personal information. We restrict access to personal information to RothPay employees, contractors and agents who absolutely need to know this particular information. We store all personal information on servers in the United States of America. These commercial servers are secure and regularly audited to ensure continued security.

  28. Governing Law; Binding Arbitration. This Terms of Use will be governed by, construed and enforced in accordance with federal law and the laws of the State of Montana. You agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Terms of Use. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving the Site or Services must be brought within one (1) year of the date the cause of action arose. You and we both waive our right to punitive and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory.

Unless otherwise expressly noted to the contrary in a service terms of use between you and the bank, you hereby agree that any dispute, claim or controversy arising now or in the future under or relating in any way to this terms of use, or to the service (“claim”), regardless of the nature of the cause(s) of action asserted (including claims for injunctive, declaratory, or equitable relief), shall be resolved by binding arbitration (“binding arbitration”). claims subject to arbitration include claims that are made as counterclaims, cross claims, third party claims, interpleaders, or otherwise. arbitration replaces the right to go to court, and you therefore agree to waive any right that you or we might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. You further agree that you will not be able to bring a class action or other representative action (such as an action in the form of a private attorney general) to litigate any claims in court before either a judge or jury; nor will you be able to participate as a class member in a class action or other representative action to litigate any claims in court before either a judge or jury.

This Binding Arbitration provision applies to any and all Claims that you have against us, our parent, subsidiaries, affiliates, licensees, agents, processors, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Terms of Use, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1–16, as it may be amended.

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.

This Binding Arbitration agreement shall survive: (i) termination or changes in the Terms of Use, and the relationship between you and us concerning the Terms of Use; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.