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Terms and Conditions For ZipLine Payment Services

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Terms and Conditions For ZipLine Payment Services 1. Acceptance Of Terms  By enrolling in and using this Service, you agree to be bound by the terms and conditions of this Agreement, and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement. You agree that you are intending to form a legally binding contract between yourself and ZipLine. Any rights not expressly granted herein are reserved by ZipLine. 2. Description of the Service  Upon completion of the Payment Card Enrollment Application ("Application") and acceptance by ZipLine, You will become eligible to use the Services offered by ZipLine. We will make a direct deposit to and a withdrawal from your account designated in your Application via the Automated Clearinghouse Association ("ACH"). This deposit and withdrawal will be confirmation to You that You have been enrolled in and may use the Service. If You plan to use Your driver's license or a current loyalty card as Your method of payment, ZipLine will issue You a User Identification ("User ID" or "PIN") selected by You at time of enrollment that must be used in conjunction with the card at the time of each purchase. If You do not plan to use Your driver's license or other card, We will issue a proprietary debit card ("Payment Card") to You that can be used for payment for goods and services that You purchase from a participating merchant ("Merchant"). The Payment Card may be either mailed to You, or You may pick up the Payment Card from the Merchant's location, depending on the Merchant's program. Regardless of the program type, You must activate Your card before using Your card to make payments. You must follow the instructions that accompany the Payment Card Program or which are contained in the email sent to You after receiving your enrollment. You will need your User ID (PIN) to log in to Our system at www.npcmember.com or the member link provided on the merchant's website to have access to Your account information and transaction history. 3. Enrollment Requirements  You must be 18 years of age or older in order to use the Service. A valid and functional email address must be provided. Your enrolled User ID (PIN) should not be shared with anyone. You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by the Application (such information being the "Enrollment Data") and (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if ZipLine has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, You agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms and Conditions, including those contained in this section shall be deemed a waiver of any and all claims against ZipLine for any losses You may sustain from using the Service. 4. Enrollee Authorizations Disclosure   ZipLine utilizes third-parties, Connexus Secure and RIBBIT, to help validate your enrollment information and retrieve bank account information. You hereby provide electronic consent and authorization to Connexus Secure and RIBBIT to retrieve your bank account information to allow ZipLine to facilitate the transfer of funds for your payment transactions. In the event Connexus Secure or RIBBIT is unable to retrieve your bank information you will be required to provide your routing and account information in order to receive approval of your application. In acceptance of this agreement, you agree to the privacy policies of Connexus Secure and RIBBIT referenced in the below links: https://www.connexussecure.com/privacy-policy https://www.ribbit.ai/privacy-policy In acceptance of this agreement, You authorize ZipLine and/or its Merchants, to withdraw and/or deposit funds in Your account via ACH (Electronic Check) at the depository institution designated in the Application which will be reflected in debit and credit entries. You understand that an ACH transaction may take up to three (3) business days to post to Your bank account. When You conduct a transaction through Our Service, You are responsible for ensuring that the funds are available at the time the transaction is conducted, and properly processed (posts) to Your account. You acknowledge that the origination of ACH transactions to Your account must comply with the provisions of U.S. law. Additionally, You authorize ZipLine and/or its Merchants to verify Your Identity. You also authorize ZipLine to provide transaction history information to its Merchants. The authorization to complete transactions using the Service will remain in effect until You provide us with written notification of Your intention to terminate this Agreement in writing.  In the event that Your bank does not allow electronic transactions, You authorize us to convert the electronic transaction data to a paper draft for presentment to Your bank. In the event that Your bank denies the electronic transaction and returns electronic payment to ZipLine, You authorize Us to re-present the original electronic transaction amount. If Your payment is returned unpaid (NSF, Account Closed/Frozen, etc.), You authorize CHECKredi to make an electronic fund transfer from Your account to collect the original transaction and a "return fee". The return fee will be up to the maximum amount permissible by state law. This fee is separate from any fees that Your bank may impose for such returns. I agree and authorize CHECKredi to contact me by U.S. mail, at my residence phone number, place of employment phone number and cellular phone number by means of a telephone call, a dialer or a text for the purpose of collections. I also agree to receive email communications from CHECKredi regarding my returned items for the purpose of collections. We recommend that You have Overdraft Protection on the account used for Your payment card transactions. ZipLine may share data with third parties to verify the validity of your identity and banking data presented during enrollment.   By accepting this Agreement, You authorize ZipLine to access Your personal information from third parties for the purpose of verifying Your identity, and to prevent fraud and to authenticate information used to subscribe to the Service in accordance with Our Privacy Policy 5. Enrollment and annual account maintenance fee There are no enrollment fees and we do not charge a per transaction fee to the consumer for the use of Your payment card account (and/or mobile application). Your payment card account may be subject to an annual maintenance fee of up to $1.00 after one year from enrollment, as properly disclosed by the participating Merchant. The fee will be properly disclosed at enrollment by the Merchant's website and/or collateral material prior to any fee amount being debited from Your authorized bank account. 6. ZipLine Privacy Policy  We will securely store your personal information, and other than providing certain information (not including your bank account information) to the Merchant, will not give or sell Your personal information to third-parties for advertising or marketing purposes without Your consent. This Agreement and Your submission of data through enrollment are governed by Our Privacy Policy. Please review the Privacy Policy to learn more about how We hold or may use Your personal information. 7. Transfer and Closure of Accounts  As an enrollee, Your right to use the Service is nontransferable and any rights to Your ZipLine account or contents within Your account terminate upon written notification from ZipLine in Our sole and absolute discretion, at any time for any reason including, but not limited to closure of Your bank account, Your filing for bankruptcy protection, or Your account is subject to judgment or lien. 8. ZipLine Card's Proprietary Rights  The service and any related software(s) or documentation are the property of ZipLine, its assignees and/or content suppliers, and are protected by United States and International intellectual property rights laws. 9. Confidentiality  ZipLine will only disclose information to third parties about the transactions You make: (a) Where it is necessary for completing transactions; (b) In order to verify the existence of your access device for a third party, such as credit bureau or Merchant; (c) In order to comply with a demand from a government agency, court order, or other legal reporting requirements; (d) To Merchants. or (e) If You give us Your written permission for any other reason. 10. Our Liability for Failure to Complete Transactions  If We do not complete a transfer from Your account in the correct amount according with Our agreement with You, We may be liable for Your direct damages. To the extent allowed by law, We, and the Merchants, will not be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. For example, neither We, nor the Merchants, shall be liable: (a) If, through no fault of Ours, You do not have enough money in Your account to make the transfer; (b) If a Merchant refuses to accept your card; (c) If an electronic terminal where You are making a transaction does not operate properly; (d) If access to Your account has been blocked after You reported Your card or PIN lost or stolen; (e) If there is a hold or the funds in Your account are subject to legal process or other encumbrance restricting their use; (f) If We have reason to believe the requested transaction is unauthorized; (g) If circumstances beyond Our control (such as fire or flood or computer or communication failure or other acts of God) prevent the completion of the transaction, despite reasonable precautions that We have taken. 11. Warranty Limitation  THIS SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE THROUGH THE USE OF THIS SERVICE. 12. Error Resolution Procedures  ALL INQUIRIES CONCERNING TRANSACTIONS MADE THROUGH THIS SERVICE MUST BE DIRECTED TO ZipLine, AND NOT TO THE MERCHANT, BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the ZipLine Service and for resolving any errors in transactions made through the use of the Service. We will make monthly account activity information available to You identifying transactions that You made through this Service. You may access Your account information at www.npcmember.com. The financial institution holding Your account may also make periodic statements available to You. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR OTHER FINANCIAL INSTITUTION. If You have any questions about one of these transactions You may contact Us by email, telephone, or in writing addressed in accordance with the contact information provided at the end of these enrollment term and conditions.  We must hear from You no later than 60 days after Your financial institution sent you the FIRST statement on which the problem or error appeared. (a) Provide Us Your name and account number (if any). (b) Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information. (c) Provide Us the dollar amount of the suspected error. If You advise us orally, We may require that You send Us Your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after We hear from You and will correct any error promptly. If We need additional time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We will credit Your account within 10 business days for the amount You think is in error, so that You will have the use of the money during the time it takes us to complete our investigation. If We ask You to put Your complaint or question in writing and We do not receive it within 10 business days, we may not credit Your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, We may take up to 90 days to investigate Your complaint or question. For new accounts, We may take up to 20 business days to credit Your account for the amount you think is in error. We will tell You the results within three business days after completing Our investigation. If We decide that there was no error, We will send You a written explanation. You may request copies of the documents that We used in our investigation. IF YOUR CARD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling 1-877-403-2222 or logging into Your account at www.npcmember.com and clicking on "Lost Card?". If You make a claim seeking a refund or provisional credit from Us, You warrant and represent that You have not made a claim for the same transaction or received a payment or refund from any other party including, but not limited to Your depository financial institution or a Merchant. If You have received a payment or refund from any other party and You also receive a payment or refund for the same transaction from Us, You hereby authorize Us to immediately reverse the payment or refund given to You by Us. 13. Your Liability for Unauthorized Transfers  It is Your obligation to immediately notify Us if You believe Your card or PIN has been lost or stolen. Telephoning is the best way of minimizing Your possible losses. In the event that you fail to notify us that your Payment Card or PIN is lost, stolen or compromised, You could lose all the money in Your account (plus your maximum overdraft line of credit). If You notify us within 4 business days of the loss or theft of Your card or PIN, Your loss will not exceed $50.  If You do NOT notify us within 4 business days of the loss or theft of Your card PIN, and We can prove We could have stopped someone from using Your card or PIN without Your permission had You notified Ys in a timely manner, you could lose as much as $500. Additionally, if the periodic statement provided by Your financial institution holding Your account shows transfers made with your Payment Card or through the use of Your User ID or PIN that You did not make, notify Us at once. If You do not notify Us within 90 days after the statement was made available to You at www.npcmember.com You may not receive any money lost, if We can demonstrate that We could have stopped someone from taking the money, had You notified Us in a timely manner. We may, in Our sole and absolute discretion, extend the grace period in the prior sentence, upon good cause shown. (a)Contact in event of unauthorized transfer: If you believe Your card or PIN has been lost or stolen, call: 1-877-403-2222 or write: National Payment Card Association  dba ZipLine  Attn: Customer Service  300 Lock Road, Suite 202  Deerfield Beach, FL 33442 (b)Business days: For purposes of these disclosures, our business days are Monday through Friday, not including Bank Holidays. (c)Transaction and velocity limitation disclosure: 1. Account access. You may use Your card and PIN to pay for purchases at Merchant locations that have agreed to accept the card/mobile payment. 2. Limitations on frequency of transactions*.&nbsp. For security reasons, there are limits on the number of transactions you can make using our point-of-sale transaction service. Transactions are limited to a certain number per day and a certain number weekly(defined as any 7 day period). 3. Limitations on dollar amounts of transactions*.&nbsp. Your purchases will be limited to a dollar amount per transaction, a dollar amount per day, and a dollar amount weekly(defined as any 7 day period) that you use the card/mobile payment in our point-of-sale transaction service. 4. Transaction velocity limitations* will vary by merchant. *Disclosure/Disclaimer: We reserve the right, in our sole and absolute discretion, to monitor, manage and/or make adjustments on any and all velocity parameters relating to the frequency of transactions, limitations on dollar amounts per transaction, as well as the total dollar limit of daily and weekly(defined as any 7 day period) transactions. (d)Documentation: 1. Terminal transactions. You are entitled to receive a receipt at the time You make any transaction to or from Your account using the Service. 14. Termination  You agree that ZipLine may cancel or suspend this Service and terminate this Agreement in ZipLine's sole and absolute discretion, at any time, for any reason with or without prior notice. You may terminate this Agreement at any time by contacting Us by email, by telephone, or in writing at the contact information provided at the end of these enrollment terms and conditions. Upon termination of this Agreement:  (a) You will no longer have access to the Service, and  (b) Your User ID and all related information, content, data associated with or inside Your account (or any party thereof) will be deactivated.  You agree that termination of this Agreement by You or Us will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. 15. Notice  We may provide You with notices including those regarding changes to this Agreement by email, regular mail and/or by posting on the Member website (www.npcmember.com). Terms Common To All Agreements Electronic Notifications ZipLine (NPCA) will provide you with all disclosures, policies, notices and other communications about the Service, including this Agreement, in electronic form, and we will provide revisions and amendments to this Agreement, and such other information, including but not limited to information under Regulation E and other laws and regulations, electronically as a part of the Agreement or otherwise as a part of the Service. We will provide all future notices by posting them on our website or by email. By accepting this Agreement, you are also consenting to accept documents electronically that relate to all future transactions you conduct using this Service. We will provide you with notices, amendments to this Agreement, and other communications in electronic form rather than in paper form. These electronic records will be stored by us and available for your viewing at www.npcmember.com. We will send you an email when a notice is first posted to the website, letting you know that a notice is now available to you for pick-up. The notices will be stored in the confidential section of our website and they will be available to you for at least 180 days following the date the notice is first posted for pick-up or the date we send the email to you, whichever is later. To access the notices, you will need to use the security procedures used as part of the Service. Paper copies of the electronic records described above will be made available to you only if you specifically request a copy. You can request a copy of an electronic record by contacting us at the contact information provided at the end of these enrollment terms and conditions. After you have consented to this Agreement, you may withdraw your consent to receive electronic records at any time by contacting us at the contact information provided at the end of these enrollment terms and conditions. Use of the Service requires ZipLine (NPCA) to maintain your current email address. You agree to provide ZipLine (NPCA) with any updated information needed in order for us to be able to provide you with electronic records from time to time and at any time. This includes, but is not limited to, providing ZipLine (NPCA) with any changes to your email address by contacting us at the contact information provided at the end of these enrollment terms and conditions. In order to access, view, and retain electronic documents that we make available to you, you must have: Access to the internet via a personal computer installed with a web browser software. You may print and retain a copy of the Agreement or any other notices or communication. However, we only provide these documents electronically. You can obtain a copy of the most recent agreement at a later date by going to the disclosure section on the login screen. If we change the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then we will let you know about the change(s) before the change(s) takes effect and let you know what the new requirements are. By checking the authorization box in the Payment Card Enrollment Application screen, you are thereby accepting and agree to be bound by the above terms and conditions. By providing your consent to this Agreement, you also confirm that you are able to access all of the disclosures, records and other information provided to you in electronic form. Arbitration Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement. Binding Arbitration This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement, and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Card and your relationship with Us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. Opt-Out Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from signing up for the Rewards program (the "Opt Out Deadline"). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: ZipLine 300 Lock Road, Suite 202, Deerfield Beach, FL 33442. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court. Arbitration Procedures For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Costs of Arbitration Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, we will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. Class Action Waiver and Jury Waiver You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other consumer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. Governing Law - New York This Agreement shall be governed by and construed in accordance with the laws of the State of New York notwithstanding any conflict of law rules. Disclaimers and Limits of Liability We and our affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Rewards or the App, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. We do not represent or warrant that your Rewards or the App will always be accessible or accepted. In the event that we or our affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Rewards. We and our affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall we or our affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Rewards account or the App through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Assignment We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void. Entire Agreement, Construction This Agreement is the complete and exclusive statement of agreement between you and National Payment Card Association dba ZipLine and supersedes and merges all prior proposals and all other agreements governing your Rewards account. If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Third Party Beneficiary Apple and Apple's subsidiaries are third party beneficiaries of these Terms. Upon User's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third-party beneficiary thereof. Termination Notwithstanding any of these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Application and to block or prevent your future access to and use of the Application. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Changes We reserve the right to change or modify these Terms or any other policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on our website. Continued use of the Application following such changes or modifications to the Terms or other policies will constitute acceptance of such changes or modifications. If you do not agree to such changes or modifications, you should uninstall the Application immediately. Severability 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. Notice to California Residents Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Application is National Payment Card Association dba ZipLine, 300 Lock Road, Suite 202, Deerfield Beach, FL 33442. To file a complaint regarding the Application or to receive further information regarding use of the Application, send a letter to the above address or contact ZipLine via e-mail (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210. Contact Any questions, complaints, or claims regarding the Application should be directed to: ZipLine 300 Lock Road, Suite 202 Deerfield Beach, FL 33442 legal@zipline.biz Document was last updated 10/31/2020