Last updated August 13, 2016
A. THIRD PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and Company, not with any third party, and that Company is solely responsible for the Evergreen Pay Services. Your use of the Evergreen Pay Services may be subject to separate agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier, and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as "Covered Third Parties." You agree to comply with all applicable third party terms of agreement when using the Evergreen Pay Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
B. EVERGREEN PAY TERMS OF SERVICE
The Evergreen Pay Services allow you to make payments to and accept payments from third parties. You may use the Evergreen Pay Services on your mobile device or through a web browser, or, if you are an approved merchant, you may accept Evergreen payments through your mobile device terminal.
Evergreen Pays Washington LLC is a licensed provider of money transfer services and all money transmission is provided by Evergreen Pays Washington LLC, pursuant to Evergreen Pays Washington LLC 's licenses.
See https://evergreenpay.com/legal/licenses/ for additional information and for disclosures that Company is required to post by certain jurisdictions. Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Evergreen Pay Services or that a sender or a recipient can or will complete a transaction.
1. Eligibility and Account Registration
2. Types of Accounts
We offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts may not be used to receive business, commercial or merchant transactions. For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or a business account for personal, family or household purposes.
3. Identity Authentication
You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
4. Transaction History
You have the right to receive an account statement. You may view your account statement by logging into your Evergreen Pay account.
5. Making Purchases
i. Purchase Limits
We may, at our discretion, impose limits on the amount of money you can send or receive through the Evergreen Pay Services. Please see our Support Center more details on limits. If we have authenticated your identity, we may increase your sending and/or receiving limits. These limits may change from time to time in Company's sole discretion. You may not send money to your own account.
ii. Default Funding Sources
Your Evergreen Pay balance consists of the funds you have in your Evergreen Pay account that are available for new transfers and are not subject to pending transfers.
When you make a payment through the Evergreen Pay Services, we first see if your Evergreen Pay balance can cover the transaction. Company requires you to use a bank account as your funding source.
If you don't want to use your balance, you can withdraw it at any time. If your balance is not used within 30 days we may remind you to withdraw funds or return the funds to your attached bank account.
iii. Funding Source Limitations
In order to manage risk, Company limits the funding sources available for your use to fund any particular transaction. We limit your funding sources to only your checking account. In the event your transaction turns out to be unsatisfactory, your dispute resolution rights are determined by the funding source.
iv. Bank Transfers
When your checking account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, Company will make electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules (collectively, the "ACH Rules"), or applicable law.
v. Fees for Making Purchases
Personal accounts may use the Evergreen Pay Services without fees. Business accounts are subject to a fee for all received business transactions. Please see our Support Center for more information on fees. These fees may change from time to time in Company's sole discretion.
vi. No Buyer or Purchase Protection
Company does not currently offer a buyer or purchase protection program in connection with payments made using an Evergreen Pay account. This means that should your purchase turn out to be unsatisfactory for any reason, you will not have recourse with Company, and instead should contact the merchant directly.
vii. Unauthorized Payments
If you become aware of a payment that you did not authorize, please follow the procedures outlined in Section D of this Agreement.
6. Payment Investigation
Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your Evergreen Pay account if the payment is canceled.
7. Account Balances
You need to maintain a balance in your account in order to make payments. When you hold a balance, Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company's name.
Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.
i. Assignment of Interest to Company
You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company.
ii. Negative Balances
If the balance in your account is negative for any reason, Company may set off the negative balance by deducting amounts you owe Company from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
iii. Security Interest
To secure your performance of this Agreement, you hereby grant to Company a lien on and security interest in your account and agree to execute any further documentation to perfect these Company rights.
8. Withdrawing Money
i. How to Withdraw Money
You may withdraw funds from your Evergreen Pay account by electronically transferring them to your bank account.
ii. Withdrawal Limits
Please see our Support Center for more details on limits, including any applicable withdrawal limits. We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.
iii. Transfers to Your Linked Financial Institution Accounts
When you transfer money from your Evergreen Pay balance to your linked financial institution account(s), the ACH Rules will govern the transfer.
9. Closing Your Account
i. How to Close Your Account
As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by emailing us at email@example.com.
ii. Limitations on Closing Your Account
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company 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.
10. Item Hold
Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as "pending" in your Evergreen Pay account.
i. Release of Item Hold
Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us confirmation, Company is able to confirm proper delivery, or Company otherwise completes its investigation.
ii. Additional hold period
If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
11. Account Hold and Reserves
For high volume accounts, including business accounts, Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Company will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Company determines is necessary to protect against the risk associated with your account. Company may change the terms of the reserve at any time by providing you with notice of the new terms.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Evergreen Pay Services, including without limitation by deactivating your username and password, and to refuse future access to the Evergreen Pay Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
13. Rules and Restrictions for Personal Accounts
The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
i. Adding Money
Please see the Support Center for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company's sole discretion.
ii. Error in Receiving Money
In the event of an error, you give Company permission, subject to Company's compliance with applicable law, to make appropriate corrections by debiting or crediting your Evergreen Pay balance, or debiting or crediting your primary or alternate funding sources as applicable.
iii. Account Errors
If your account history shows transfers you did not make, follow the procedures outlined in Section D of this Agreement.
14. Rules and Restrictions for Business Accounts
The following Rules and Restrictions for Business Accounts apply to your use of a business account under this Agreement.
i. Receiving Money
Except as may be otherwise provided by applicable law, there is no pre-set limit to the amount of funds you can receive using the Evergreen Pay Services. There are limits on the amount you may send using Evergreen Pay Services. There are also limits on the amount you can withdraw. Please see our Support Center more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company's sole discretion and the requirements to lift those limits may vary based on product usage.
ii. Error in Receiving Money
In the event of an error, you give Company permission, subject to Company's compliance with applicable law, to make appropriate corrections by debiting or crediting your Evergreen Pay balance, or debiting or crediting your primary funding sources as applicable.
iii. Credit Authorization
If you open a business account, you are providing us with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a credit bureau. You are also authorizing us to obtain your personal and/or business credit report at any time we reasonably believe there may be an increased level of risk associated with your account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your account.
If you are a business entity, you represent that you are duly authorized to do business in the United States; and your employees, officers, representatives, and other agents accessing the Evergreen Pay Services are duly authorized to access the Evergreen Pay Services and to legally bind you to this User Agreement and all transactions conducted under your username and password.
v. Authority of Officers and Employees
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Evergreen Pay Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Evergreen Pay Services using your user name and password.
You assume the entire risk for the fraudulent, unauthorized or otherwise improper use of your password. We shall be entitled to rely on the genuineness and authority of all instructions received by us when accompanied by such password, and to act on such instructions.
C. MOBILE APPLICATIONS
1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers
The Evergreen Pay mobile application works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Company is solely responsible for providing maintenance and support services for the Evergreen Pay Services. Covered Third Parties have no obligation to provide maintenance or support services for the Evergreen Pay Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the Evergreen Pay Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Evergreen Pay Services to conform to any warranty provided by Company, if any, will be Company's sole responsibility.
Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Evergreen Pay Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Evergreen Pay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Company.
D. GENERAL TERMS AND CONDITIONS
1. Notices to You
You acknowledge and agree that we will provide the notice to you in accordance with our Consent to Receive Electronic Disclosure Policy. If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.
2. Business Days
"Business Days" means Monday through Friday, excluding Holidays. "Holidays" means New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.
3. Notices to Company
Notice to Company must be sent by postal mail to: Customer Service, Evergreen Pay LLC, 505 Broadway E #344, Seattle, WA 98102-5023.
4. Calls to You
By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.
5. Evergreen Pay Websites
The Company's Evergreen Pay websites may feature third party merchants. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.
6. Intellectual Property
"Evergreenpay.com", "Evergreen Pay", and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company. You may not copy, imitate or use them without Company's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company's sponsorship or endorsement. All right, title and interest in and to the Evergreen Pay website and any content thereon is the exclusive property of Company.
Certain other product or service names, brand names and company names may be trademarks of their respective owners.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
If you receive information about another Evergreen Pay user through the Evergreen Pay Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Evergreen Pay user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.
9. Minor's Privacy
Protecting the privacy of minors is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 21 or knowingly allow anyone under 21 to register for the Evergreen Pay Services. If you are under 21, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 21 is allowed to provide any personal or payment information to us through the Evergreen Pay Services. If we learn that we have collected personal information from a minor under age 21, we will delete that information as quickly as possible. If you believe that we might have any information from or about a minor under 21, please contact us at the information provided below in the "Contact Us" section.
10. Loss or Theft of Account Information, PIN, and Mobile Device
If you believe that any of your Evergreen Pay account registration information, PIN or mobile device containing the Evergreen Pay App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to firstname.lastname@example.org.
11. Resolution Procedures for Unauthorized Transactions and Other Errors
i. Protection for Unauthorized Transactions and Other Errors
When an Unauthorized Transaction (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Transactions that occur because your Evergreen Pay mobile-activated phone has been lost or stolen, Company will cover you for the full amount of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below.
An "Unauthorized Transaction" is a type of error that occurs when money is sent from your account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Transactions.
In addition, "Other Errors" occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Other Errors that are covered by Company are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by Company. Routine inquiries about your balance or the status of a pending transfer into or out of your account are not considered Unauthorized Transactions or Other Errors unless you expressly notify us of an Unauthorized Transaction or Other Error in connection with the transfer. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Transactions or Other Errors. You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transaction or Other Error exists by contacting us through the "Contact Us" link on the Evergreen Pay website.
ii. Notification Requirements
You should immediately notify Company if you believe:
• There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
• There is an error in your transaction history or your transaction confirmation sent to you by email;
• Your password has been compromised;
• Your Evergreen Pay mobile-activated phone has been lost, stolen or deactivated; or
• You need more information about a transaction listed in your transaction history or transaction confirmation email.
To be eligible for 100% protection for Unauthorized Transactions sent from your account, you must notify us within 60 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 60 days after the account statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
You should regularly log into your account and review your transaction history to ensure that there has not been an Unauthorized Transaction or Other Error. Company will also send an email to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate. You have the option to not receive email receipts for each transaction. To change your email receipt preferences, visit the Settings page in the Evergreen Pay App.
For Unauthorized Transactions or Other Errors in your account, notify us as follows:
• By emailing us at email@example.com; or
• By writing to Customer Service, Evergreen Pay LLC, 505 Broadway E #344, Seattle, WA 98102-5023; or
• When you notify us, provide us with all of the following information:
• Your name, and the email address and phone number registered to your account;
• A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
• The dollar amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
iii. Company Actions After Receipt of your Notification
Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:
• We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
• We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).
If we decide that we need more time to complete our investigation, we will provisionally credit your account for the amount of the suspected Unauthorized Transaction or Other Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to provide written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not provisionally credit your account.
• We will inform you of our decision within 3 Business Days after completing our investigation. 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 Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you. If you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may request copies of the documents that we used in our investigation.
iv. Processing Errors
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company 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, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
12. Restricted Activities
In connection with your use of our website, your account, or the Evergreen Pay Services, or in the course of your interactions with Company, a user or a third party, you will not:
• Breach this Agreement or any other Agreement that you have entered into with Company (including a policy);
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• Infringe Company's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• Provide false, inaccurate or misleading Personal Information;
• Create more than one Evergreen Pay account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
• Send or receive what we reasonably believe to be potentially fraudulent funds;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
• Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
• Use an anonymizing proxy;
• Control an account that is linked to another account that has engaged in any of these restricted activities;
• Control or possess more than one account without authorization from Company;
• Conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
• Use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your bank account;
• Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the services;
• Allow your Evergreen Pay account to have a negative balance;
• Disclose or distribute another Evergreen Pay user's Personal Information to a third party, or use the information for marketing purposes unless you receive the user's express consent to do so;
• Send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• 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;
• Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
• Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
• Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
• Use the Evergreen Pay Service to test bank account behaviors.
13. Acceptable Use
You agree you will not use the Evergreen Pay Services to violate any law, statute, ordinance, or regulation relating to sales of:
• Counterfeit goods;
• Steroids, certain controlled substances or other products that present a risk to consumer safety;
• Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
• Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
• Items that are considered obscene;
• Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
• Certain sexually oriented materials or services;
• Ammunition, firearms, or certain firearm parts or accessories; or
• Certain weapons or knives regulated under applicable law;
Relating to transactions that:
• Show the personal information of third parties in violation of applicable law;
• Support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
• Are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
• Are for the sale of certain items before the seller has control or possession of the item;
• Are by payment processors to collect payments on behalf of merchants;
• Are associated with the sale of traveler's checks or money orders;
• Involve currency exchanges or check cashing businesses or digital currencies such as bitcoins;
• Provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
• Are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities;
Violating applicable laws or industry regulations regarding the sale of:
• Tobacco products;
• Prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or
• Provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
14. Legal Compliance
You are solely responsible for ensuring that your use of the Evergreen Pay Services is in conformance with applicable federal, state and local laws and regulations. By using the Evergreen Pay Services, you warrant and represent 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.
15. Your Liability - Actions We May Take
i. Your Liability
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a Evergreen Pay user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Evergreen Pay Services. You agree to reimburse Company, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the Evergreen Pay Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
ii. Actions by Company
If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another Evergreen Pay user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
• We may close, suspend, or limit your access to your account or the Evergreen Pay Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
• We may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
• May update inaccurate information you provided us;
• We may refuse to provide our Evergreen Pay Services to you in the future;
• We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
• We may take legal action against you.
Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
16. Account Closure, Termination of Service, or Limited Account Access
If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using the Evergreen Pay Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Evergreen Pay Services, to terminate this Agreement, or to terminate your access to the Evergreen Pay Services for any reason and at any time. If we terminate or limit your use of our Evergreen Pay Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
17. Policy Violation - User Fines
If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company's damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other Evergreen Pay account you control.
18. Disputes with Company
If a dispute arises between you and Company, 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 Company regarding our services may be reported by emailing us at the following email address: firstname.lastname@example.org
i. Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the State of Washington, without regard to conflict of law provisions, except to the extent that federal law applies.
Any claims arising out of, relating to, or connected with this user agreement must be asserted individually in binding arbitration conducted by a single arbitrator with experience in consumer online payment services disputes administered by the American Arbitration Association ("AAA") in accordance with its commercial arbitration rules and the AAA supplementary procedures for consumer-related disputes. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Seattle, Washington, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating such claims or disputes.
ii. Waiver of Right to Jury; Class Action Waiver
To the extent allowed by law, you agree to irrevocably waive any right you may have to a trial by jury or other court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties.
19. Liability of Company for Failure to Complete Transfers
If Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:
• The funds in your account are subject to legal process or other encumbrance restricting their use;
• If the Evergreen Pay Services were not working properly and you knew about the breakdown when you started the transfer;
• If the failure results from a failure of a financial institution that bank account linked to your account, or Company is unable to access a linked bank account for any reason other than due to Company's fault;
• If you provided inaccurate or incomplete information regarding the transfer;
• If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
20. Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the Evergreen Pay Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an "as is", "as available" and "with all faults" basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.
Neither Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.
Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
Some states or other jurisdictions do not allow the disclaimer of implied warranties or the exclusion of certain damages, so the above disclaimers and exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
21. Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company's cumulative liability to you for any claims or damages arising out of or related to your use of the Evergreen Pay Services shall not exceed the greater of the fee you paid to Company for the use of the Evergreen Pay Services or $1.00 USD.
These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
22. License Grant
You agree to defend, indemnify and hold harmless Company and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Evergreen Pay Services.
24. Assumption of Rights
If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company's discretion.
25. Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
26. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Evergreen Pay Services after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the Evergreen Pay Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
28. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
30. Independent Contractors
Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint ventures, or otherwise as joint associates for profit.
HOW TO CONTACT US
If you have questions or concerns regarding this Agreement or your Evergreen Pay account, or any feedback that you would like us to consider, please email us at email@example.com. You may also write to us at Legal Department, Evergreen Pay LLC, 505 Broadway E #344, Seattle, WA 98102-5023.