PayLane LLC Terms of Service
Effective Date: 9/20/2022
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.
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.
Changes and Modifications
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 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.
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 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.
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>.
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
If you are located in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you:
A. Binding Arbitration
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.
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 email@example.com 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.
You further release PayLane and agree not to assert any claims against PayLane with respect to your use of the Website.
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.
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.