VersaCheckPay.com End User License Agreement (Terms of Use)

PLEASE PRINT AND RETAIN FOR YOUR FILES

1. ACCEPTANCE OF TERMS
Welcome to VersaCheckPay.com™ powered by gValidate.com. These VersaCheckPay.com Terms of Service (this "Agreement") sets forth the terms and conditions governing your use of the VersaCheckPay.com Service ("VersaCheckPay.com"), which is offered for your personal information and use. Your submission of information and your access and use of VersaCheckPay.com is subject to this Agreement. This Agreement is between you and the owner or authorized licensor of VersaCheckPay.com ("VersaCheckPay-Authority" or VersaCheckPay) and the VersaCheckPay-Authority may rely on and enforce this Agreement. Please read it carefully. By submitting information to VersaCheckPay.com and/or accessing and browsing VersaCheckPay.com you accept and agree to abide by, without limitation or qualification, this Agreement. If you do not agree to be bound by this Agreement you may not use VersaCheckPay.com, or access this web site.

2. OVERVIEW OF SERVICE
VersaCheckPay.com provides a fully automated online data validation and verification service powered by gValidate.com based on a stand-alone computer platform running executable software 24/7. The service does not engage human operators other than required to provide basic operating conditions and internet connectivity needs as provided through a data center. VersaCheckPay.com is available to the public world wide to facilitate validation and confirmation of data provided by users. VersaCheckPay provides account control and identity verification by utilizing ACH micro-deposits to the account being validated, by requiring the account owner to provide a facsimile signature that may be used by the account owner's bank to perform biometric identity verification and/or by making a direct telephone call to the account owner to verify important details of their validation request -or confirm and enter a security code sent to a user's mobile device while submitting account information or by matching personal information provided against adequate online database services to accomplish the same. See also paragraph 26. The VersaCheckPay database maintains records the member creates while using VersaCheckPay.com. VersaCheckPay.com is NOT a bank, financial or depository institution and VersaCheckPay.com does NOT provide financial and/or funds transfer, verification or guarantee services.

3. LICENSE AND SITE ACCESS
VersaCheckPay.com grants you a limited license to access and make personal use of the VersaCheckPay.com services, the VersaCheckPay.com web sites, and any and all associated software. You may not download (other than page caching) or modify any of the VersaCheckPay.com web pages, any software owned by or licensed to VersaCheckPay.com or any of its affiliates, or any portion thereof, except with the express written consent of VersaCheckPay.com. This license does not include any right of resale or commercial use of VersaCheckPay.com, or any associated software; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the VersaCheckPay.com web sites, or associated software; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit VersaCheckPay.com, the VersaCheckPay.com web site, any associated software, and/or any portion thereof for any commercial purpose, without the express written consent of VersaCheckPay.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of VersaCheckPay.com and its affiliates without the express written consent of VersaCheckPay.com. You may not use any meta-tags or any other "hidden text" utilizing VersaCheckPay's name or trademarks without the express written consent of the VersaCheckPay-Authority. Any unauthorized use terminates the permission or license granted by the VersaCheckPay-Authority. You may not use any VersaCheckPay logo or other proprietary graphic or trademark as part of the link without express written permission from the VersaCheckPay-Authority. You agree to use VersaCheckPay.com only for bona fide and lawful purposes. You may not use VersaCheckPay.com to conduct gambling or other illegal activities. Subject to the enforcement limitations imposed by an in general unrestricted internet access and use of the VersaCheckPay.com website, VersaCheckPay.com has the right to use its best efforts to block your VersaCheckPay.com use in its sole and absolute discretion, if the VersaCheckPay-Authority believes that you are using VersaCheckPay.com for any illegal or improper purposes, and you agree that VersaCheckPay.com will not be held responsible or liable to you or any other person for such attempts to interfere with your use and refusal to process any data submission.

4. ELIGIBLE USERS
In order to use VersaCheckPay.com,

1. You must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law.
2. You must have a valid and active e-mail address.
3. You must be authorized to use and enter the information and data you submit for processing by VersaCheckPay.com.
4. You must have a valid bank account.

5. CONSENT TO ELECTRONIC COMMUNICATIONS

1. General Consent. You understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
   
   • this Agreement and any amendments, modifications or supplements to it,
   • any disclosures or notices in connection with VersaCheckPay.com, including, without limitation, those required by law,
   • any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of VersaCheckPay.com, and although VersaCheckPay.com reserves the right to provide Communications in paper format at any time, you agree that VersaCheckPay.com is under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the VersaCheckPay.com service.
2. How to Withdraw Consent. If you have started using VersaCheckPay.com and you wish to withdraw your consent to have Communications provided in electronic form, you must stop using VersaCheckPay.com. There are no fees associated with stopping use of VersaCheckPay.com.
3. How to Update Your Records. Your records and user data are maintained under your sole control using applicable software running on your computer and NOT the VersaCheckPay.com data server.
4. Delivery of Electronic Communications. Communications are delivered primarily via email using your valid email account or text message enabled phone. All electronic Communications will be deemed to have been received by you no later than five (5) business days after the VersaCheckPay-Authority sends it to you by e-mail or posts the Communication on your test message enabled phone, whether or not you have received the e-mail or retrieved the Communication. An electronic Communication by e-mail or text message is considered to be sent at the time when it is directed by VersaCheckPay.com's e-mail or text message server to the applicable e-mail address or phone number. You agree that these are reasonable procedures for sending and receiving electronic Communications.
5. Hardware and Software Requirements. In order to access and retain Communications, you must have:
   • An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above.
   • An e-mail account and e-mail software capable of interfacing with VersaCheckPay Mail.
   • A stationary or mobile personal computing device ("Device"), operating system and telecommunications connections to the Internet capable of supporting the foregoing.
   • Sufficient electronic storage capacity on your device's hard drive or other data storage unit.
   • A printer that is capable of printing from your device, browser, e-mail software and any associated installed software application.

6. USING VersaCheckPay.com SERVICE
VersaCheckPay.com, unless operated via a subscribed account, is for FREE for public use world wide and does not require a membership account. Changes to the website and scope of service are in sole discretion of the VersaCheckPay-Authority. Customer service related to VersaCheckPay.com is provided primarily via computer generated e-mail messaging or text messages to enabled phone only. Computer generated Customer service email or text messages addresses frequently asked questions and user needs in order of priority as determined by the VersaCheckPay-Authority in its sole discretion. By using VersaCheckPay.com you agree and authorize VersaCheckPay.com to initiate Automated Clearing house debits and credits ("ACH") as appropriate under the circumstances of your usage, including, but not limited to, ACH transactions associated and approved by you to initiate or to reverse micro-deposit transactions, micro-check transactions ("Checks") and other transactions explicitly agreed to and authorized by you in your sole control and discretion. Certain clearly defined features of VersaCheckPay.com involve ACH or Check related activities necessary to complete the transactions you wish to undertake, in accordance with ordinary and necessary processes and procedures that help ensure reliable and efficient processing of your requests.

7. ON TIME TRANSMISSION
VersaCheckPay.com has no information about how the information entered by its users has been acquired and will be used. VersaCheckPay.com does not make any guarantees on on-time transmission of data. VersaCheckPay.com uses its best efforts via commercially reasonable means to transmit all data without delay using state of the art computing systems.

8. LIMITATION ON USE
There are no pre-set limitations to any authorized use of VersaCheckPay.com.

9. ENTERING AND TRANSMITTING DATA
You can submit data for validation by entering the required information into the VersaCheckPay.com provided software and browser displayed pages. You consent to have your name and e-mail address forwarded by VersaCheckPay to the VersaCheckPay registered email address or text message enabled phones associated with each account holder who has allegedly authorized the check items you wish to verify through VersaCheckPay. Once you submit data, you cause an e-mail to be sent to the alleged issuer of the check you wish to verify notifying the recipient that you inquire about a check. You agree that the VersaCheckPay-Authority will not be responsible or liable in any manner for any claims you may have, or any claims made against you by any person, arising out of any dispute you may have with a VersaCheckPay user. You are solely responsible for ensuring that the data you are validating or verifying is correct.

10. BANK ACCOUNT SAFEGUARD AND VALIDATION INFORMATION
VersaCheckPay.com utilizes state of the art network security, management, backup, recovery and encryption techniques when necessary to protect, maintain and secure sensitive data. Also see paragraph 16.

11. REQUESTS FOR VERIFICATION
You can use VersaCheckPay.com to verify authenticity of checks you may have received. You may only request data for valid and lawful purposes, and should have a pre-existing relationship with each person from whom you request data. You may not use the feature to transmit any "junk mail," "spam," "chain letters," or "pyramid schemes", or to conduct any gambling or other illegal activities. VersaCheckPay.com makes no representations or warranties of any kind regarding any requests for data that are transmitted through VersaCheckPay.com.

12. YOUR OBLIGATION TO PROVIDE COMPLETE AND ACCURATE INFORMATION
You represent and warrant that all information you provide to VersaCheckPay in connection with VersaCheckPay.com, including but not limited to all data entered in connection with any data delivery and associated transactions, will be complete and accurate in all respects. IF YOU PROVIDE FALSE INFORMATION, YOUR VersaCheckPay.com USE IS IN BREACH WITH THIS AGREEMENT AND YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

13. YOUR REPRESENTATIONS REGARDING DATA
You represent and warrant in connection with each data submission that (a) the data, including names and e-mail addresses are accurate, (b) the transaction and purpose is lawful and authorized.

14. BUSINESS DAYS
Some provisions of this Agreement make reference to "business days." For purposes of those provisions, VersaCheckPay.com "business days" are Monday through Friday, excluding federal holidays. However, VersaCheckPay.com is available on-line even on days that are not business days.

15. IN CASE OF UNLAWFUL ACTIVITY, ERRORS OR QUESTIONS ABOUT YOUR DATA DELIVERY
Write to VersaCheckPay.com Customer Service at CONTACT@VersaCheckPay.com as soon as you can, if you think an error in the data delivery process may have occurred or your validated bank account is subject to unauthorized use, and the associated VersaCheckPay account validation status must be terminated. In your communication:

1. provide the Customer Service system with your name and email address associated with VersaCheckPay.com
2. describe the unlawful activity, error, and explain as clearly as you can why you believe it is an unlawful activity or error or why you need more information
3. to protect privacy and sensitive identity information, in no event will VersaCheckPay.com request a password.

16. PASSWORD PROTECTION
VersaCheckPay.com service does not require the use of user name and password. However, in the event you setup a password to review personal data - not transaction data - stored in your discretion, you agree not to divulge your password to any unauthorized person(s), and you agree not to use another person's VersaCheckPay.com user name or password without proper authorization. You agree VersaCheckPay.com shall not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person. VersaCheckPay.com does not collect sensitive personal data such as driver's license number, Social Security number, Passport ID number, member birth dates or other sensitive personal data in order to help consumers and businesses maintain their privacy and security while conducting personal and business financial activities.

17. YOUR LIABILITY FOR LOST OR STOLEN PASSWORDS
If you believe that your password has been lost, stolen or compromised in any way or that someone has initiated or may initiate a data transmission without your permission immediately contact and warn anyone who could be contacted fraudulently in your name.

18. INDEMNIFICATION
You agree to indemnify and hold VersaCheckPay.com, its subsidiaries, affiliates, directors, officers, shareholders, employees, agents, suppliers and subcontractors harmless from any claim or demand, including but not limited to reasonable attorney's fees, made by any third party arising out of or in connection with your use of VersaCheckPay.com.

19. TERMINATION
VersaCheckPay.com understands that unrestricted user access to uncontrolled setup of new email accounts by third party internet email providers limits its ability to enforce termination of its free, no-membership, email-based service to otherwise anonymous internet users. However, the VersaCheckPay-Authority notwithstanding puts you on notice that you are in material breach with its terms of use and will use its best efforts and without liability to you, undertake to terminate or suspend your ability to use VersaCheckPay.com, if:

1. you attempt to submit data without proper authorization
2. you use VersaCheckPay.com, directly or indirectly, for any unlawful or improper purpose;
3. you provide incorrect, false or deceptive information about yourself or any other third party;
4. you use or attempt to use VersaCheckPay.com for tampering, hacking, modifying or otherwise
   corrupting the security or functionality of VersaCheckPay.com or any other website;
5. VersaCheckPay.com receives conflicting claims and complaints regarding your VersaCheckPay.com use;
6. VersaCheckPay.com receives a garnishment, levy or other legal process associated with your use of VersaCheckPay.com
7. you have breached any representation or warranty, term or condition of this Agreement.

20. SYSTEM MALFUNCTIONS
VersaCheckPay.com is not liable for any loss resulting using the VersaCheckPay.com platform, including without limitation the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, "hacking," unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars or government restrictions, or for any information lost due to malfunction or loss of any e-mail systems.

21. COPYRIGHTS AND TRADEMARKS
All of the material on VersaCheckPay.com, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned by the VersaCheckPay-Authority, by third parties who have licensed their material to VersaCheckPay.com, or by advertisers on www.VersaCheckPay.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without express written permission from VersaCheckPay. All contents of the VersaCheckPay.com web sites are copyrighted under: Copyright© 2014 VersaCheckPay. All Rights Reserved. The name VersaCheckPay.com™, and the names of other VersaCheckPay products and services referenced herein are trademarks of the VersaCheckPay-Authority.

22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VersaCheckPay.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

23. LIABILITY; LIMITATIONS
VersaCheckPay.com does not provide fund transfer services and shall have no liability with respect thereto. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VersaCheckPay SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF VersaCheckPay.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24. CHANGES TO THIS AGREEMENT
This Agreement may be modified or amended by the VersaCheckPay-Authority from time to time without notice, except as may be required by law. You can return here at any time to review the most current version of this Agreement. You may terminate your use of VersaCheckPay.com at any time if you do not agree with any modification or amendment. If you use VersaCheckPay.com after notice of an amendment or modification is made available to you, you will be deemed to have accepted that amendment or modification.

25. USE OF INFORMATION AND DISCLOSURE TO OTHERS
You agree that any information about you, your transactions or your accounts that you provide or that the VersaCheckPay.com server receives in connection with VersaCheckPay.com will be used and treated in compliance with the PRIVACY posting on VersaCheckPay.com, which describe VersaCheckPay.com's policies regarding disclosure and use of such information.

26. FEES AND REFUNDS
Use of the VersaCheckPay.com website and membership is FREE of charge. Certain features of VersaCheckPay.com require fees or payments for their associated subscriptions and/or activities. These fees and payments are non-refundable. In the event an ACH withdrawal or micro-deposit is rejected by your bank, there is a $25.00 non-refundable fee charged for this event. Before completing your validation submissions using VersaCheckPay.com, please be sure your bank account and routing number information entered during validation are correct in order to avoid a rejection and associated $25 fee. Any unpaid rejection fees may result in account suspension, as determined in the sole discretion of VersaCheckPay.com.

As a member of VersaCheckPay.com (herein "You" or "Your"), it is Your sole responsibility to monitor Your bank accounts for errors and maintain adequate credit balances in Your bank account to avoid detrimental bounced checks, overdrafts and similar transactions. You are solely responsible for preventing, detecting and minimizing bank account overdrafts, bank charges, bounced checks, returned items, unauthorized transactions and other similar undesired debit transactions (herein "Debits") in Your bank account by adequately monitoring Your own bank accounts.

Only Your efforts, or those of Your authorized designees, can prevent, detect and minimize Debits in an accurate and timely manner.

VersaCheckPay's products and services are designed to assist you, the bank account owner, to make Debit prevention and detection, and business transactions, more accurate, economical and timely. However, no VersaCheckPay product or service can work effectively to help You achieve these goals unless You, the bank account owner, manage Your bank accounts, in Your sole and absolute discretion, with care, accuracy and steady diligence. VersaCheckPay does not monitor Your bank account activity and is not responsible in any way for any activity in Your bank accounts.

By using VersaCheckPay.com, You agree to maintain adequate funds in Your bank accounts to cover all transactions You undertake that in any way utilize VersaCheckPay products or services, such as gCard, SMS alerts etc.

Any properly reported failure of Your transactions to clear Your bank account that negatively affects another VersaCheckPay.com member or non-member will cause the VersaCheckPay system to disable all possible use of that bank account number within the VersaCheckPay.com website and any associated VersaCheckPay enabled products, services or programs.

When a bank account number on VersaCheckPay.com is disabled, this has no effect on the real bank account that You own. VersaCheckPay.com is not a financial institution and VersaCheckPay.com does not maintain any deposits or balances on behalf of customers. In addition, VersaCheckPay.com does not cause the transfer of any funds between members or non-members.

You and/or the other party to a failed transaction may re-enable a disabled bank account number on the VersaCheckPay.com system by taking the following dispute resolution steps (also outlined on the VersaCheckPay.com website), which, are generally:
VersaCheckPay.com, in its sole, absolute discretion and judgment, may find it necessary to maintain any bank account number listed in the VersaCheckPay sytem records in a disabled status for any time length VersaCheckPay.com deems necessary under the circumstances to protect the safety, reliability and the reputation of the website, its products and services, for its members.

You agree to indemnify and hold harmless VersaCheckPay.com, its employees, owners, officers, agents and affiliates from any financial or non financial claims or liabilities that may arise due to Debits in your bank account.

27. CREDIT CARD POLICIES
Seller accepts select Credit Cards. Seller uses industry accepted methods to verify card holder address and card code information. Orders for which this information cannot be positively verified will be declined by Seller but the authorized funds may be held by the card issuing bank as per the issuing bank's rules and regulations. Seller does not accept prepaid credit cards, gift card credit cards, etc., that do not allow Seller to verify the billing address of the account holder. If customer still uses such cards unbeknownst to Seller the amount authorized may be held by the issuing bank. Seller will not be able to release such authorized funds!

28. ASSIGNMENT
You may not assign this Agreement to any other party. VersaCheckPay.com may assign this Agreement, or delegate certain of its rights and responsibilities under this Agreement to third parties without notice to you.

29. NO WAIVER
VersaCheckPay.com shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have made the waiver. Any delay or failure of VersaCheckPay to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a waiver of any rights or remedies on any other occasion.

30. GENERAL INFORMATION
This Agreement and the VersaCheckPay privacy policy (incorporated in full by this reference) constitutes the entire agreement between you and the VersaCheckPay-Authority regarding the use of VersaCheckPay.com, and superSedes any prior agreements between you and VersaCheckPay to the extent that they might otherwise apply to VersaCheckPay.com. Otherwise, any such other agreements remain in full effect in accordance with their terms. You may also be subject to additional terms and conditions that may apply when you use related services or third-party software. This Agreement and the relationship between you and VersaCheckPay.com shall be governed by international law without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts located within the County of Hessen, Germany. If any provision of this Agreement 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 this provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to the use of the VersaCheckPay.com service or this Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred, notwithstanding any statute or law to the contrary.

31. GOVERNING LAW & VENUE
The governing law of this agreement is based on the laws of the state in which the VersaCheckPay-Authority is registered.