Date of Last Revision: September 20, 2019.
Please read these terms of service before using our service or our site.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Payouts Network Inc. (“Payouts Network,” “we,” “us,” “our”) provides our Services (described below) to you through our website located at www.payoutsnetwork.com (the “Site”), through the sites of our clients or partners, or through other methods (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service:Services Description:
The Service is designed to allow you to receive various forms of card-linked point-of-purchase payouts (each a “POP Payout”) and/or card-linked instant payouts (each an “Instant Payout”) (POP Payouts and Instant Payouts collectively, “Card-Linked Transactions(s)”) from certain entities such as your employers, clients, and service providers (collectively “Originators”), through our website, email, or other methods. You may access or otherwise receive and complete a Card-Linked Transaction when you register your preferred payment card with Payouts Network, provide information required in connection with your registration, and accept the ‘Consent To Receive Electronic Disclosures’ terms as specified therewith.
Each Card-Linked Transaction is initiated and defined by a specific Originator. POP Payouts may also be subject to terms, limits, and conditions provided by the correlating Originator, including without limitation activation dates, expiration dates, minimum or maximum spend requirements, and specific redemption locations, any and all such terms as permitted by applicable law.
Your Registration Obligations:
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Payouts Network of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Payouts Network will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
Payouts Network reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Payouts Network will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Payouts Network may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service as may be required by applicable law. You agree that Payouts Network has no responsibility or liability for the deletion or failure to store any of your information, account data or other content maintained by the Service. You acknowledge that Payouts Network reserves the right to terminate accounts that are deemed inactive or that are determined to be fraudulent. You further acknowledge that Payouts Network reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Acceptance of Card-Linked Transactions:
In order to accept a Card-Linked Transaction you will be required to complete a registration form and provide us with an eligible payment card. You agree to provide true, accurate and complete information about your Linked Card. You are responsible for registering a new payment card with us if your Linked Card is no longer valid or if your Linked Card is lost, stolen or if you receive a replacement card. You must be the cardholder or an authorized user of the Linked Card. You acknowledge and agree that neither Payouts Network, its Originator partners, nor the Payment Card Network will have any liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including your failure to receive credit for a Card-Linked Transaction or an update about the Service. If Payouts Network or the Payment Card Network has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your registration may be suspended or terminated. In order to use the Service , you will be required to provide Payouts Network with information regarding your Linked Card or other applicable payment instrument. You represent and warrant to Payouts Network that such information is true and that you are authorized to use the payment instrument you register with us. You agree to promptly update your account information with any changes (for example if you cancel your Linked Card). At the time you activate a Card-Linked Transaction, you are agreeing to pay any applicable service or processing fees, unless prohibited by applicable law. You hereby authorize Payouts Network to collect and store your Linked Card along with other information related to your Card-Linked Transactions. You shall be responsible for all applicable taxes associated with the payments facilitated by the Services.
Fraud and Abuse:
We may decide not to process any Card-Linked Transaction for a card payment instrument that you register with us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or us to harm. Payouts Network reserves the right to review, postpone, or cancel any Card-Linked Transaction in our sole discretion. If your account is determined to be fraudulent, Payouts Network may suspend your account immediately along with all pending Card-Linked Transactions with no liability to you, any Originator, or to any third party. Payouts Network reserves the right to deny any redemption requests it receives that it deems to be illegitimate or in violation of these Terms of Service.
Redeeming a POP Payout:
If you receive a POP Payout, in order to redeem it, you will be required to link one or more payment cards (the “Linked Card”) and make eligible purchases with your Linked Card at the designated merchant(s) for which the POP Payout is intended (“Qualifying Purchase(s)”). You authorize us to collect and store that Linked Card, along with other identifying information in connection with your account, for example your name, email address, and phone number.
Important Notes About Your Cards and Transactions
By registering for the Service and linking a payment card, you agree that your payment network (e.g., MasterCard, American or Visa), may examine (including returns) on your Linked Card and share transaction data with Payouts Network for the purposes of facilitating the Card-Linked Transaction on behalf of the Originator and notify you about credits posted to your account. Not all transactions made with your registered payment cards can be monitored by the applicable payment network for purposes of the Services.
By registering your Linked Card with Payouts Network, you agree that your issuing bank or the appropriate Network partner may perform the functions of the Payment Card Network as defined in this Agreement.
You acknowledge that not all payment cards are eligible for the Service: for example, corporate and purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are ineligible.
You acknowledge your Linked Card may not be eligible for use in all merchant locations or in connection with Card-Linked Transactions relating to certain PIN-based purchases, payments made through third-party digital wallets and other transactions not processed through the payment network’s own system.
You represent and warrant 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.
Inquiry:If you have any questions they should be directed to Payouts Network as follows:
Payouts Network, Inc.
5 W Mendenhall, St 263,
Bozeman MT 59715.
Intellectual Property Rights:
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Payouts Network, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Payouts Network, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Payouts Network.
The Payouts Network name and logos are trademarks and service marks of Payouts Network (collectively the “Payouts Network Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Payouts Network. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Payouts Network Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Payouts Network Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Payouts Network be liable in any way for any content, information or materials of any third parties (including users and Originators), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Payouts Network are non-confidential and Payouts Network will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Payouts Network may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Payouts Network, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites:
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Payouts Network has no control over such sites and resources and Payouts Network is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Payouts Network will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Payouts Network is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release:
You agree to release, indemnify and hold Payouts Network, the Payment Card Networks, Merchants, Originators, and their respective officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties:YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYOUTS NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.PAYOUTS NETWORK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.Limitation of Liability:YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYOUTS NETWORK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYOUTS NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PAYOUTS NETWORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PAYOUTS NETWORK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Payouts Network’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Bozeman, MT before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Payouts Network, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Payouts Network believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Payouts Network may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Payouts Network may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Payouts Network will not be liable to you or any third party for any termination of your access to the Service.User Disputes:You agree that you are solely responsible for your interactions with any other user or any Originator in connection with the Service and Payouts Network will have no liability or responsibility with respect thereto. Payouts Network reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or any Originator, in each case in connection with the Service.
These Terms of Service constitute the entire agreement between you and Payouts Network and govern your use of the Service, superseding any prior agreements between you and Payouts Network with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Payouts Network agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bozeman, MT. The failure of Payouts Network to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Payouts Network, but Payouts Network may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
You also may contact us at Payouts Network Inc., 5 West Mendenhall St, Ste. 202, Bozeman, MT 59715.