Terms of Service
Revised on June 21st, 2015
The bill payment network is operated and maintained by PayNearMe MT, Inc. (“PayNearMe”). We operate the PayNearMe™ payment system network (the “Network”) to enable you to make payments at convenient payment locations, e.g., 7-Eleven, Inc. (each an “Authorized Payment Location”) near you to participating businesses, governmental and nongovernmental organizations with whom we have a contractual relationship as well as to other billers described below. For the avoidance of doubt, each Authorized Payment Location is a payment agent of PayNearMe.
By using or accessing the Network, our related “Website” – www.paynearme.com -, or our bill payment mobile application or “App” (each and all called the “Content” below), you agree to be bound by these Terms of Service (“Terms”), so read them carefully. If you don’t agree to all of these Terms, then don’t use the Network, Website or App.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email or alert posting a notice on the Content, or updating the “Last Updated” date above. Your continued use of the Content will confirm your acceptance to the revised Terms. Some Content may have additional or different terms and conditions that supplement these terms. These terms are intended to apply generally across many places and customs to ensure fairness, uniformity and better service levels for all users of the Content, however, to accommodate the special regulatory requirements of certain kinds of businesses, e.g., consumer lenders or health care providers, or certain state requirements, we may agree to modify these Terms for the benefit of such businesses, authorities and users by separate agreement. To the extent a particular provision of these Terms is illegal in a specific place or for a certain kind of user or payment recipient, then it will not be enforceable to that extent, and these Terms will be reasonably adjusted.
2. Eligibility, Registration and Account
By using the Content, you represent and warrant that you (a) have not been previously suspended or removed from the Content and (b) have full power and authority to agree to these Terms.
Some areas or features of the Content may require you to register for an account and/or create a profile. You may only register for one online account when you use the Content. When registering for an account, you agree to: provide accurate, current and complete information; maintain and promptly update your information; maintain the security of your password and other access credentials and accept all risks of unauthorized access to your account and the information you provide to us; and promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Content.
By using the Content, you confirm that you have reviewed these terms and accepted them with ample opportunity to get advice from others and to choose from other payment alternatives. In any event, PayNearMe may reasonably rely on these understandings and PayNearMe reserves the right to terminate your access to all or any portion of the Content at any time.
4. Bill Payment Terms
The Network allows you to make payments in cash at convenient locations, when you and the business, agency or charity that you want to pay are not face-to-face. PayNearMe has contracted with these Authorized Payment Locations and integrated with their point of sale information systems for this purpose. You can make payments to a list of approved billers that we update regularly. We have agreed to act as a payment agent for a number of these billers. For these “contracted billers”, we make payment directly to them through the banking system. They have agreed to treat receipt of payment at the payment locations as payment by you, even if for any reason, PayNearMe does not make the corresponding payment to them. Therefore, you are not at risk of having to pay twice. (Your receipt or payment acknowledgement will show this important information.) For all other billers, we make payment through a payment “Clearinghouse,” and we have no contractual relationship with the billers. For these billers, you receive credit for your payment on their records only after we have made payment to the Clearinghouse and the billers have accepted the payment from the Clearinghouse. (This time period is expected to average approximately four banking days. Your receipt or payment acknowledgement will show this important information.) Currently, PayNearMe is using the MasterCard RPPS™ network as its Clearinghouse.
Neither PayNearMe, nor its agents and Authorized Payment Locations are responsible for fulfilling your order, adjusting your account balance with the biller, ensuring the quality of the merchandise or service or its delivery. Billers are responsible for adjusting their own books and records with respect to users, e.g., outstanding account or loan balances. Generally, all payments to contracted billers are final and nonrefundable, unless PayNearMe does not send your payment or does not give instructions committing an equivalent amount of money to the biller designated by you within ten days of the date of payment by you at the Authorized Payment Location and you do not receive the benefit of the payment that you made. For all other billers, if PayNearMe either does not send your payment or does not give instructions committing an equivalent amount of money to the biller designated by you within ten days of the date of payment by you at the Authorized Payment Location, then PayNearMe will refund your payment directly to you. Any refund request after PayNearMe has sent your payment must be directed to the biller. To be clear, Authorized Payment Locations never provide refunds. See your Applicable State Refund Policy and refer to your receipt for additional state-specific details. If you involve us in a dispute with your biller that is not the result of our failure to fulfill our obligations, you will be obligated to reimburse our costs, including attorneys’ fees, unless the biller accepts such obligation.
Pursuant to these Terms, PayNearMe will at its complete discretion: (1) Create an information record for you; (2) Process payments on a timely and accurate basis by applying biller instructions, Clearinghouse policies as well as PayNearMe’s proprietary methods; and (3) Provide standard support information to address inquiries regarding use of the Network. PayNearMe reserves the right to decline any payment request. PayNearMe also reserves the right to change billers and Authorized Payment Locations without notice and cannot guaranty the availability of a specific biller or Authorized Payment Location at any time. There may be times when the Content is not available to you. For example, system maintenance, back-ups or failures may limit the Content’s availability. Access to the Content is provided on an “as available” basis and you are not guaranteed access at any particular time.
In consideration for your use of the Content, PayNearMe collects a transaction fee at the Authorized Payment Location and shares this fee with the Authorized Payment Location. Some billers pay this fee. When they do not, you pay the applicable fee as a charge in addition to the payment you are making to the biller. PayNearMe may elect to waive its fees from time to time for charitable or promotional purposes.
You must provide complete and accurate information while using the Content and must update all account information and timely respond to requests for additional information truthfully. You understand that to engage in some transactions or use some Authorized Payment Locations you may be required to provide additional identifying information. You expressly authorize PayNearMe and its suppliers, licensors, agents and Authorized Payment Locations to exercise all good faith measures to verify the information provided both initially and from time to time thereafter. You will not use any information provided through the Network for any purpose other than for making lawful payments and completing transactions with bona fide billers. You will always act reasonably and in good faith in connection with your use of the Network, recognizing that the Network’s purpose is to facilitate remote commerce and enhance the integrity and efficiency of such transactions, particularly for persons without credit or debit cards or who have limited access to banks. If PayNearMe concludes at its complete discretion that any use frustrates this purpose, PayNearMe may prohibit the user from using the Network.
The Network may not be used to make payments for: any form of illegal gambling activities (including underage gambling); firearms, controlled substances, prescription drugs, steroids, or related paraphernalia; obscenity, copyrighted materials where the merchant does not have the right to copy or distribute such materials; or where the total payment amount exceeds the applicable PayNearMe or Authorized Payment Location limit, typically less than one thousand dollars per day, less for some kinds of transactions and more for some others. Monthly limitations are also applicable at the Authorized Payment Locations’ and our complete discretion. You acknowledge your obligation to know the biller that you are paying along with related legal limitations (including age requirements) and to avoid misuse. PAYNEARME ACTIVELY MONITORS THE NETWORK FOR IMPROPER USE AND ILLEGAL ACTIVITY AND COOPERATES WITH LAW ENFORCEMENT AND OTHER SERVICE PROVIDERS TO REDUCE THE RISK OF MONEY LAUNDERING AND OTHER CRIMINAL OR TERRORIST ACTIVITY. Our Authorized Payment Location may have additional requirements related to countering money laundering, crime, and terrorism. YOU EXPRESSLY CONSENT TO ALL SUCH COMPLIANCE EFFORTS AND OUR RELATED COOPERATION WITH OTHERS.
Some payments are regulated under the money transmission laws of applicable states and territories as well as federal law, or we may elect to treat them as so regulated. For this reason, PayNearMe is licensed in the places identified in additional state required information. Ways to contact the regulatory authority and other relevant information for your state or territory is provided there.
5. User Conduct
In using the Content, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Content, or any services, system resources, accounts, servers or networks connected to or accessible through the Content or affiliated or linked web sites;
- not to disrupt or interfere with any other user’s enjoyment of the Content or affiliated or linked websites;
- not to upload, post or otherwise transmit through or on the Content any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Content;
- not to attempt to obtain unauthorized access to the Content or portions of the Content which are restricted from general access; and
- not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Content including, but not limited to, personally identifiable information of any other user of the Content.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations that relate to your use of or activities on the Content.
The Content is solely directed to individuals residing in the United States. We make no representation that any portion of the Content is appropriate or available for use in locations outside the United States.
PayNearMe and/or its suppliers, licensors, agents and Authorized Payment Locations either own or license all right, title, and interest in the Content and may change them at any time. You may report bugs and fixes, provide feature requests, comments, testimonials, feedback and suggestions to PayNearMe (“Feedback”). PayNearMe may use the Feedback without any compensation, notice or attribution to you and will own all intellectual property rights in such Feedback. PAYNEARME is a mark of PayNearMe, Inc. Third party marks used in connection with the Network and the Content are those of their respective owners. You are not entitled to use any of these marks without permission of the owners of the marks. Reference to any products services, trademarks, or service marks on the Network or in the Content is not an endorsement or recommendation by PayNearMe of these products or services.
The trademarks, logos and service marks displayed on the Content (collectively, the “Trademarks”) are the trademarks of PayNearMe and our Authorized Payment Locations. The Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of PayNearMe or the applicable trademark holder. Any authorized use of the Trademarks must be in accordance with guidelines that we may provide you from time to time. The term “Trademarks” as used in these Terms does not include the trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with PayNearMe or its Authorized Payment Locations.
9. Warranty and Disclaimers
THE CONTENT IS PROVIDED “AS IS” “WHEN AVAILABLE”. PAYNEARME AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS DISCLAIM ALL WARRANTIES, GUARANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYNEARME AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ITS FUNCTIONS WILL MEET YOUR REQUIREMENTS, OR THAT USE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR SOLE REMEDY FOR ANY SURVIVING WARRANTIES WILL BE TO CEASE USE OF THE CONTENT OR TO TIMELY ADVISE PAYNEARME OF ANY DEFICIENCY AND ALLOW PAYNEARME TO CORRECT IT TO THE EXTENT PRACTICAL AS REASOANBLY DETERMINED BY PAYNEARME. THE DURATION OF ANY SURVIVING WARRANTY, GUARANTY OR CONDITION THAT CANNOT BE DISCLAIMED WILL NOT EXCEED NINETY DAYS OR ANY LONGER SPECIFCALLY MANDATED PERIOD.
10. Limitation of Liability
PAYNEARME AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE, INABILITY TO USE, OR OPERATION OF THE CONTENT. PAYNEARME AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS WILL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING, FOR EXAMPLE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PAYNEARME AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS BE LIABLE TO USER IF LOSSES RESULT FROM: use of the Content in a manner that violates applicable law or PayNearMe’s terms of service; losses or delays in transmission of instructions arising out of the use of any internet access service or telecommunications provider or caused by any browser or other software; provision of late, incorrect or incomplete information; malfunction or inoperability of any equipment or systems; insufficient creditworthiness or identification or lack of good standing based on PayNearMe’s proprietary methodologies or other standard practices; circumstances beyond PayNearMe’s reasonable control, such as, but not limited to, power outages, fire, flood, change of law or enforcement practices, mechanical, telecommunications or systems failures; interception of payments by legal process or other encumbrances restricting execution of the payment; inability to confirm user’s identity; or, suspected fraud. YOUR ONLY RECOURSE TO PAYNEARME IF THE NETWORK IS NOT AVAILABLE OR CANNOT COMPLETE A TRANSACTION WHEN PRESENTED IS TO TRY AGAIN LATER OR TO CONTACT CONSUMER SUPPORT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PAYNEARME’S AND ITS AGENTS AND AUTHORIZED PAYMENT LOCATIONS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH EACH TRANSACTION WILL NEVER EXCEED ENSURING THAT YOUR PAYMENT TO AUTHORIZED PAYMENT LOCATION WILL BE PAID TO THE DESIGNATED VENDOR OR BILLER WITHIN A REASOANBLE PERIOD OF TIME LESS OUR FEES, I.E., THE AMOUNT OF THE PAYMENT.
PLEASE READ THE FOLLOWING SECTION 11 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH PAYNEARME AND ITS AGENTS AND AUTHORIZED payment LOCATIONS (expressly including 7-eleven, inc.) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PAYNEARME and its AGENTS AND AUTHORIZED payment LOCATIONS. In consideration of PayNearMe’s providing to you access or use of the Content, you agree to waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with PayNearMe AND ITS AGENTS AND AUTHORIZED payment LOCATIONS arising out of or related to these terms (“Disputes”).
11.1 Binding Arbitration. Except for disputes in which either party or PayNearMe’s agents and Authorized Payment Locations seek to bring an individual action in small claims court or seek injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you, PayNearMe and its agents and Authorized Payment Locations agree: (a) to waive your, PayNearMe’s and its agents’ and Authorized Payment Locations’ right to have any and all disputes arising from or connected to these Terms and/or the Content (collectively, “Disputes”) resolved in a court; and (b) to waive your, PayNearMe’s, and its agents’ and Authorized Payment Locations’ right to a jury trial. Instead, you, PayNearMe, and any applicable agent and Authorized Payment Location agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
11.2. No Class Arbitrations, Class Actions or Representative Actions. YOU, PAYNEARME, AND ITS AGENTS AND AUTHORIZED payment LOCATIONS AGREE THAT DISPUTES ARE PERSONAL TO YOU, PAYNEARME, AND ITS AGENTS AND AUTHORIZED payment LOCATIONS AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU, PAYNEARME, AND ITS AGENTS AND AUTHORIZED payment LOCATIONS AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
11.3. Federal Arbitration Act. You, PayNearMe, and its agents and Authorized Payment Locations agree that these Terms affect interstate commerce and that the enforceability of this Section 11 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.
11.4. Process. You, PayNearMe, and its agents and Authorized Payment Locations agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to PayNearMe shall be sent by certified mail or courier to: PayNearMe MT, Inc., Attn: Legal, 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you, PayNearMe, and any applicable agent or Authorized Payment Location cannot agree to resolve the Dispute within thirty (30) days of PayNearMe or its agent or Authorized Payment Location receiving your notice, then either you, we, or our agents or Authorized Payment Locations may, as appropriate pursuant to this Section 11, commence an arbitration proceeding or file a claim in court. You, PayNearMe, and its agents and Authorized Payment Locations agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arise; otherwise, you, PayNearMe, and its agents and Authorized Payment Locations agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You, PayNearMe, and its agents and Authorized Payment Locations agree that (1) any arbitration will occur in Dallas County, TX which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Dallas County, TX will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
11.5. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; (b) the authority to grant any remedy that would otherwise be available in court; and (c) the authority to determine gateway issues of arbitration. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
11.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website (http://www.jamsadr.com). By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
11.7. Severability. If any provision of this Section 11 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 11.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
If you involve us or our agents or Authorized Payment Locations in a dispute that is not the result of our failure to fulfill our obligations, you will be obligated to reimburse our costs, including attorneys’ fees, unless the biller accepts such responsibility.
12. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Texas, USA, except for its conflict of law rules. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts in Texas for all purposes concerning arbitration or court actions pursuant to this Agreement.
This Agreement, including all additional terms posted on the Network, Website, or in the App, is our complete agreement with respect to use of or access to the Content and supersedes all communications relating to the Content. These terms will not be construed against PayNearMe nor its agents, vendors, suppliers, and Authorized Payment Locations for reason of its drafting or preparation and may be modified or waived only in writing as set forth above.
You may not assign or transfer any of your rights or delegate any of your duties related to these terms. PayNearMe may assign its obligations and delegate its duties under this Agreement at its complete discretion, and these terms will therefore bind lawful successors in interest.
At your expense, you will defend and indemnify PayNearMe and its agents, Authorized Payment Locations, and their affiliates, employees, consultants, service providers, trustees, officers, and directors, and any other third parties PayNearMe uses to provide the Content from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims filed against them by any third party, damages suffered by them, costs, liabilities and expenses (including but not limited to, reasonable attorneys’ fees) arising out of, relating to, or resulting from (a) your use, inability to use, or misuse of or access to the Content, (b) from your breach of any of these Terms, and (c) your violation of the rights of any third party.
15. California Notice
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or toll free (800) 952-5210.
PayNearMe respects the intellectual property of others. It is our policy to respond promptly to any notices of alleged copyright infringement. To file a notice of infringement with us, you must provide a written communication, by fax or regular mail –not only by email — that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Please consult an attorney prior to sending a notification.
- The name, address, and electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
- Identification in sufficient detail of the copyrighted material you believe has been infringed. For example, “The copyrighted work at issue is ‘My Copyrighted Material,’ by John Auteur, Published by DMCA Publishing, ISBN #012345678910.”
- Identification of the material that you claim is infringing the copyrighted work listed above and information reasonably sufficient to permit us to locate the material, for example, the URL of the infringing material.
- Your contact information, including your name, address, telephone number, and email address.
- Include the following statements: “I have a good faith belief that use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law.” And “I swear, under penalty of perjury, that the information contained in this notice is accurate and that I am the copyright owner or I am authorized to act on behalf of the copyright owner to enforce the copyrights that are allegedly infringed.”
- Sign the notice and send the notice to our designated agent to receive written notification of alleged copyright infringement at the following address: PayNearMe MT, Inc., Attn: DMCA Complaints, 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089
Failure to include all of the above information may result in a delay of the processing of your complaint. In accordance with the Digital Millennium Copyright Act and in accordance with these terms of service, PayNearMe reserves the right to terminate Content access to users who are repeat infringers of the rights of copyright owners.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your access to the Content, and to block or prevent future access to and use of the Content.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
All questions or comments about the Content or these Terms should be directed to firstname.lastname@example.org.
This post was written by Stefan