Terms of Use

By accessing this Web site and/or using the application associated with PXT Money (the “Application”), you agree to the following Terms of Use. If you do not agree to these Terms of Use, do not access this Web site or use Application. PXT Payments, Inc., a Delaware corporation, (“PXT”) reserves the right to change these Terms of Use, and your continued use of this Web site or the Application constitutes agreement to all such changes. PXT means PXT Payments, Inc. and its affiliates.

PXT is Only a Payment Service Provider

PXT helps you make payments to and accept payments from third parties. PXT is an independent contractor for all purposes. PXT does not have control of, or liability for, the products or services that are paid for with the Web Site or the Application. PXT does not guarantee the identity of any merchant, user or ensure that a buyer or a seller will complete a transaction. When you send money, the recipient is not required to accept it. You agree that you will not hold PXT liable for any damages resulting from a recipient's decision not to accept a payment made through this service. Any unclaimed, refunded or denied payment will be returned to your balance.

Uses of this Web Site and the Application

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site or the Application, except for the purposes expressly provided herein, without PXT’s prior written approval. Unauthorized use of this Web site, the Application and or any PXT system, including, but not limited to, unauthorized entry into PXT’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site or Application in any manner that could damage, disable, overburden, or impair any PXT site or service or interfere with any other party's use and enjoyment of any PXT site or service. You may not attempt to gain unauthorized access to any PXT site or service, computer systems or networks connected to any PXT site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site or Application that are contrary to applicable laws or regulations.

PXT reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site or Application and to suspend and/or deny access to this Web site or the Application for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site or Application may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and PXT does not undertake any obligation or responsibility to update or amend any such information. PXT may discontinue or change any product or service described in or offered on this Web site or through the Application at any time.

Your use of the Web site and the Application is subject to the terms and conditions of the privacy policy of PXT (“Privacy Policy”), which is available on the Web site. By entering into these Terms of Use, you agree that you have read and understand and will abide by all obligations contained in the Privacy Policy.

Registration

You must register with PXT to use certain portions of this Web Site and the Application. When you register with PXT, you must provide accurate and complete information, and update such information when necessary so it remains accurate and complete. You authorize PXT, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying your information against third party databases or through other sources. If you give false information, PXT has the right to terminate your account and access to the Application. When you register and are accepted as a registered user of the Application, you choose a unique username and password. We may require you to change your username or password if we think it is necessary for security or other reasons. You are fully responsible for all transactions and other activities that occur or are undertaken under your username or password. You are also responsible for keeping your username and password confidential. You agree to immediately notify PXT of any actual or suspected compromise or unauthorized use of your username.

Prohibited Activities

You may not use the Web Site or the Application for activities (the “Prohibited Activities”) that:

  1. violate any law, statute, ordinance or regulation;
  2. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
  5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
  6. 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
Limitations on Transfers to and from Account and Reporting Requirements

PXT may, at its discretion, including for reasons associated with anti-money laundering initiatives, impose limits on withdrawals from your account or the amount of money you can send through the Web Site or Application, including money you send for purchases. Notwithstanding the Prohibited Activities or the Privacy Policy, PXT reserves the right to comply in all respects with applicable laws, rules and regulations regarding the prevention and detection of money laundering and related illegal activities, including restricting the amount of transfers into and out of your account, as well as reporting the amount and frequency of such transfers (and other required information) to applicable law enforcement and regulatory agencies, in each case, as determined in PXT’s sole and absolute discretion.

Funding Your Account

When you initiate a transaction to fund your account from a bank, you are requesting an electronic transfer from your bank account. For these transactions, PXT will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to PXT to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. You give PXT the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.

Balances

If you do hold a balance, PXT will hold your funds separate from its corporate funds, and will not use your funds for its operating expenses or for any other corporate purposes. PXT will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody PXT will combine your funds with the funds of other users and place those pooled funds into pooled accounts with one or more banks. These pooled accounts will be held in PXT’s name for the benefit of its collective users. Balances that are held in pooled accounts may be eligible for FDIC pass-through insurance. You agree that you will not receive interest or other earnings on the funds that PXT handles and places in pooled accounts. In consideration for your use of the PXT Website or Application, you irrevocably transfer and assign to PXT 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. In addition to or instead of earning interest on pooled accounts, PXT may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. If your account has a negative balance, PXT may setoff the negative balance with any funds that you subsequently receive into your account. To secure your performance of this Terms of Use, you grant to PXT a lien on and security interest in and to the funds held in your account in the possession of PXT.

Taxes

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. PXT is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Escheatment of Dormant Accounts

If you do not log in to your account for two or more years, PXT may close your account and send the balance to your primary address, or, if required, escheat (send) your balance to your state of residency. PXT will determine your residency based on the state listed in your primary address. If your address is unknown or registered in a foreign country, your funds will be escheated to the state of Delaware. Where required, PXT will send you a notice prior to escheating or closing your account. If you fail to respond to this notice, your balance will be escheated to the required state. If you would like to claim any escheated funds from the state, please contact your state's Unclaimed Property Administrator.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this Web site or in the Application are provided on an "AS IS," and "AS AVAILABLE" basis. PXT and its service providers make no representations or warranties that you will have continuous or uninterrupted access to the Web site, Application or any of its content or functions, or that any of the functions of the service will be error-free. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS, INCLUDING SECURE ACCOUNT NUMBERS, OVER THE INTERNET. YOU AGREE TO DETERMINE WHETHER THE SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SERVICE IS PROVIDED TO YOU "AS IS," AND WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTIES RELATING TO THE SITE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS) OR ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEB SITES, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from state to state.

PXT will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site or the Application. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, PXT cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. YOU UNDERSTAND THAT IN NO EVENT WILL PXT, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, BREACH OR LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, EVEN IF PXT OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF PXT AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. PXT cannot and does not guarantee continuous, uninterrupted or secure access to the Web site or the Application.

Indemnification

You agree to indemnify, defend, and hold PXT and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to the Web site; (b) any fraud, manipulation, or other breach of these Terms of Use by you; (c) any third party claim, action, or allegation brought against PXT arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or rights of a third party; (e) your use, or PXT’s provision, of the Application or use of your account by any third party; or (f) a third party claim, loss or obligation related to your use of the Application. PXT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PXT in asserting any available defenses. You will not settle any action or claims on PXT’s behalf without the prior written consent of PXT.

Proprietary Rights

All right, title and interest in this Web site, the Application, and any content contained herein or therein is the exclusive property of PXT, except as otherwise stated. Unless otherwise specified, this Web site and the Application are for your personal use only and you may print, copy and download any information or portion of this Web site or the Application for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site or the Application, except for the purposes expressly provided herein, without PXT’s prior written approval . If you copy or download any information or software from this Web site or Application, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

PXT Money, and the other trademarks, logos, and service marks displayed on this Web site or the Application (collectively the "Trademarks") are the trademarks of PXT or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of PXT or such third party, which may own the Trademarks.

Links

This Web site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by PXT of any information contained in any third party Web site. In no event shall PXT be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Web site.

Web Beacons and Cookies

PXT uses certain technology known as "Web beacons" and "Web cookies" on its Web sites, the Application and in some of its e-mails to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites, the Application, and e-mails, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our Web sites and e-mails. PXT uses this information to improve the Web site and Application content and performance.

PXT may use a permanent cookie file to uniquely identify your computer as you visit the Web site or the Application from time to time. If you ask us to "remember" your user ID, we will also create a permanent cookie for this purpose. In addition, PXT uses a temporary cookie file to recognize your computer as you move from page to page on the Web site. The cookie is deactivated when you conclude your session. Because this cookie is stored only in your computer's temporary memory, it is deleted when you close your browser software. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web site may not function properly.

Termination

You may choose to terminate these Terms of Use and stop using the Application, for any reason and at any time by contacting customer support. PXT, in its sole discretion, may also choose to terminate these Terms of Use or access to the Web site and Application immediately without notice for any reason, including, but not limited to, your infringement of the intellectual property rights of others. All provisions of these Terms of Use, that by their nature shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the miscellaneous provisions.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the Commonwealth of Massachusetts and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Web site or Application must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Except for the Privacy Policy respecting any account you may have with PXT, these Terms of Use constitutes the entire agreement between PXT and you with respect to this Web site and Application, and it supersedes all prior or contemporaneous communications, agreements and understandings between PXT and you with respect to the subject matter hereof.

These Terms of Use were last updated August, 2011. Please check back for updates and changes.

If you have any questions regarding these Terms of Use, the Web site, or the Application, please contact us at (877) PXT-4567 or info@pxtpayments.com

 
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