Thank you for using www.paylane.io and the services, applications, and content we offer through such site (collectively, the “Website”). By using the Website or clicking the “Sign In” button, you are agreeing to be bound by the terms of use described below (the “Terms of Use”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. These Terms of Use are provided on behalf of PayLane LLC (“”PayLane”, “we”, or “us”). These Terms of Service govern your use of the Website whether you are a guest user or registered user. If you disagree with these terms or the Website Privacy Policy, do not access or use the Website. 

PLEASE NOTE THAT THIS AGREEMENT INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THERE IS ALSO A 30 DAY OPT-OUT RIGHT AS DETAILED BELOW. 

THE “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER” SECTION BELOW ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. 

DO NOT ACCESS OR USE ANY OF THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY. 

Privacy 

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Website. We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. 

Payment Pre-Registrations and Applications 

You may be presented with the opportunity to pre-register and/or apply for a PayLane account through the Website. When pre-registering or applying for an account on the Website, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, PAYLANE PayLane has the right to terminate your account preregistration and/or application and to decline to provide any and all future use of the Website. We reserve the right to decline your application for an account. 

Your Relationship with Merchants 

You acknowledge, understand and agree that the use of the Website in connection with your purchases from third party merchants (“Merchants”) establishes an independent relationship between you and the Merchant(s) as the seller of certain goods or services to you. Merchant, and not PayLane, is permitting you to buy and receive such goods or services based on your promise to repay Merchant later for such goods or services. PayLane merely provides the technology that enables this transaction with Merchants. 

Your Account 

You may be required to create an account to use certain parts of the Website. When a merchant creates an account for you, we will obtain certain pieces of information in order to process your transactions. You then will be required to verify your email phone number that is associated with your account by entering a code sent to your work email phone number from info@PayLane.io. You agree that we may use automated means to assist you with setting up the direct deposit into the depository account setup for you by Dwolla (see Dwolla Section below). If you learn of any unauthorized use of your account, please contact us immediately. We reserve the right, in our sole discretion, to disable or close any account, limit access to the Website for any reason or for no reason, including whether we believe that there has been a violation of these Terms of Service, or the Privacy Policy. 

Changes and Modifications 

PayLane reserves the right to temporarily or permanently modify or discontinue the Website, or any portion of the Website, for any reason, at our sole discretion, and without notice to you. PayLane may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use. 

Links 

This Website may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of PayLane. PayLane does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. 

You agree not to use the Website: 

- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

- For the purpose of exploiting, harming, or attempting to exploit or harm Merchants or to engage in transactions with Merchants without any intent to repay them. 

- To impersonate or attempt to impersonate any other person or entity (including, without limitation, by using email addresses associated with a third party). 

- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm PayLane, Merchants or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 

- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 

- Use any device, software, or routine that interferes with the proper working of the Website. 

- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

- Otherwise attempt to interfere with the proper working of the Website. 

No Warranty 

PayLane does not warrant the accuracy, adequacy or completeness of the information provided on the Website and expressly disclaims liability for any errors or omissions in such information. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, 

TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION. 

YOUR USE OF THE WEBSITE, THE RESPECTIVE CONTENT, AND ANY PRODUCTS, SERVICES OR CONTENT OBTAINED OR PURCHASED IN CONNECTION WITH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PAYLANE NOR ANY PERSON ASSOCIATED WITH PAYLANE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PAYLANE NOR ANYONE ASSOCIATED WITH PAYLANE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR CONTENT OBTAINED OR PURCHASED IN CONNECTION WITH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

Use of Personal Data 

PayLane and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers retrieve financial information such as holdings, balances and transactions. PayLane and its subsidiaries affiliates use this personal data for our business purposes in a manner that is consistent with our Privacy Policy. 

PayLane and its subsidiaries affiliates may use your personal data, user data and other information collected through the Website to help us improve the content and functionality of the Website to better understand our customers and markets, to improve our products and services and to effect and facilitate sales. 

PayLane and its subsidiaries affiliates may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. 

Dwolla 

In order to use the payment functionality of PayLane’s services provided by the Website, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize PayLane to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of 

that data. You understand that you will access and manage your Dwolla account through PayLane’s application, and Dwolla account notifications will be sent by PayLane, not Dwolla. PayLane will provide customer support for your Dwolla account activity, and can be reached on the web at PayLane.io, via email at info@PayLane.io and/or by phone at <PL phone number>. 

Consumer Communications 

By accepting these Terms of Use, you expressly consent to be contacted by PayLane, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, which includes, but not limited to, your user profile or any account used in connection with a product offered by PayLane, Inc, LLC. or its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. PAYLANE AND OUR AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS. 

Call Recording 

You agree that PayLane and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line. 

Agreement to Arbitrate and Class Action Waiver 

These Terms of Use contains an arbitration provision, which will, with limited exception, require you to submit disputes you have against PayLane to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of an arbitration provision in these Terms of Use. You will only be permitted to pursue claims against PayLane on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 

If you are located in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you: 

A. Binding Arbitration 

This section is referred to in these Terms of Use as the “Agreement to Arbitrate.” Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and PayLane or its affiliates, whether relating to the Website, these Terms of Use (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. A Dispute also includes without limitation disagreement about this Agreement to Arbitrate’s meaning, application, or enforcement. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and PayLane. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and PayLane may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

B. Restrictions 

You and PayLane agree that any arbitration shall be limited to the Dispute between PayLane and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons; and (4) any claims over which a small claims court has jurisdiction. 

C. Exceptions to Informal Negotiations and Arbitration 

You and PayLane agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or PayLane intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. 

D. 30 Day Right to Opt Out of Arbitration 

You have the right to opt-out and not be bound by the arbitration provisions set forth in this section by sending written notice of your decision to opt-out to info@paylane.io or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to PayLane within thirty (30) days of your registering to use the Website or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them. 

E. Class Action Waiver 

By using the Application and in return for the Website offered by PayLane, you acknowledge that PayLane can only offer you these Website under the terms and conditions as presented herein. As partial consideration for your use of the Application and these Website, you agree not to sue PayLane as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against PayLane regarding your use of the Application. If you do not agree to any part of these terms, do not continue your use of the Application. 

Limitation of Liability 

You agree that all access and use of the Website, its content is at your own risk. 

IN NO EVENT SHALL PAYLANE OR ANY OF ITS AFFILIATES BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ARISING IN CONNECTION WITH THE WEBSITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, , AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF PAYLANE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES OR SUCH DAMAGES, LOSSES OR EXPENSES WERE FORESEEABLE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PAYLANE, ITS AFFILIATES, PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100). 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless PayLane, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any content, services, and products you purchase from a merchant, or your use of any information obtained from the Website. 

You further release PayLane and agree not to assert any claims against PayLane with respect to your use of the Website. 

Applicable Law 

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website. Our Website is available only to individuals who are permitted to use it under applicable law. Additionally, the Website is intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website. 

You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website in accordance with these Terms of Use. 

Unauthorized use of this Website, including but not limited to unauthorized entry into PayLane’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PayLane. You are expressly prohibited from using PayLane’s marks without affirmative written consent from PayLane. 

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of Georgia, without regard to its provisions relating to conflict of laws. You and PayLane agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fulton County, Georgia. The failure of PayLane to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. 

You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Please direct all questions or comments about these Terms of Use to info@PayLane.io. 

COPYRIGHT ©2022 PayLane LLC. ALL RIGHTS RESERVED. 

PayLane owns the copyright in all of the information and material contained in this Website. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website, or use of or access to the Website or any information or technology obtained from the Website, including, but not limited to, PayLane's trademarks. 

If you believe that any material on this Website violates your copyright, please notify us at info@PayLane.io. PayLane will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary.