Terms of Use

Updated: May 31, 2018

Terms and Conditions of Use Agreement

Thank you for your trust in RevaPay.  We are a values-based company and we strive to live those values every day.   Outlined below are terms and conditions related to RevaPay and the users of our website and customer portal. You should carefully review this agreement to ensure you understand our contractual relationship, how this relationship aligns with our company values, and demonstrates the things we are doing to ensure the safety and soundness of RevaPay.

The following Terms and Conditions of Use apply to this website, merchant portal, online application, and the services described herein (“Terms and Conditions”).

In these Terms and Conditions, “we”, “us”, “our” and “RevaPay” all refer to RevaPay, LLC., a Wyoming limited liability company.

By using the information, tools, software, features and functionality, including content, updates and new releases (together the “Service”) whether via www.revapay.com (the “Website”) or RevaPay Customer Portal (the “Service”), you agree to be bound by these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use the Service.

 

Automatic and Voluntary Alerts and Emails

Automatic Alerts and Voluntary Account-Related Alerts.

Automatic account alerts may be sent to you following certain account related events. Voluntary account alerts may be turned on/off by default as part of the Service. They may be deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. REVAPAY may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to your e-mail address, mobile phone number or phone upon which the Service has been installed. You agree that you control and limit access to the email account and mobile device. If your e-mail address or your mobile device changes, you are responsible for informing us of that change. Changes to your e-mail address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your account number. However, alerts may include your RevaPay

Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the date of your next scheduled payment may be included. Anyone with access to your e-mail or mobile device will be able to view the content of these alerts. With the exception of automatic alerts, you may disable future alerts at any time.

Telephone Calls and Messages

By providing RevaPay with your telephone number (including your wireless/cellular telephone number), you consent to receiving autodialed and prerecorded message calls and Short Message Service (SMS) or other text or e-mail messages from RevaPay at that number. RevaPay is not responsible for any charge from your mobile career related to SMS or other text messaging. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.

Telephone Call Monitoring and Recording

Authorized employees or agents of RevaPay may monitor and record all or portions of your telephone conversations with RevaPay for quality control, customer service, employee training, security, and other lawful purposes. You agree that you consent to this call monitoring and recording. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

 

Copyrights, Trademarks & Intellectual Property

Copyright Notice

© 2020 RevaPay, LLC., all rights reserved. Unless otherwise specified, the content of this Website including, but not limited to, text, graphics, logos, buttons, images, data compilations, icons, and code, is the property of RevaPay

and/or its affiliates and is protected by United States and international copyright laws.

Trademarks Belonging to RevaPay, LLC.

The trademark alone or as a part of any trademark, logo, work or domain name is a trademark of RevaPay and/or its affiliates and is used by permission.

Our Intellectual Property Rights

The contents of Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable

copyright, trademark and other laws. You may download or print a copy of information provided by/on RevaPay Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without RevaPay’s prior written consent. 

 

Severability and Conflicts with other Terms

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction for any reason, in whole or in part, then that provision will be severable from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions.

Conflicts between these Terms and Conditions and the specific terms and conditions of any other agreements relating to your RevaPay accounts, products and services,

will be controlled by the specific terms and conditions of the other agreements relating to your RevaPay accounts, products and services.

You agree that if RevaPay does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which RevaPay has the benefit of under any applicable law), this will not be taken to be a formal waiver of RevaPay’s rights and that those rights or remedies will still be available to RevaPay.

All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.

These Terms and Conditions represent the entire understanding and agreement between you and RevaPay regarding the subject matter of the same and supersede all other previous agreements.

Use of REVAPAY Services

REVAPAY may at any time terminate its legal agreement with you

If RevaPay, in its sole discretion, believes that you have breached any provision of these Terms and Conditions (or have acted in a manner that shows that you do not intend to, or are unable to comply with any provision of these Terms and Conditions), RevaPay may at any time terminate its legal agreement with you.

RevaPay may at any time terminate its legal agreement with you, if RevaPay, in its sole discretion, believes that it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

 

Liability and Restricted Access to RevaPay

RevaPay is not liable for any direct, indirect or consequential loss, damage or inconvenience arising out of your use of this Service. RevaPay reserves the right to cancel or restrict your access to the Service without notice to you. RevaPay is not responsible for damages suffered by you or any inconvenience caused directly or indirectly by our termination of your access to this Website or the Service.

To the fullest extent permitted by law, RevaPay will not accept or have any liability in the event of unauthorized use of your account, the conduct of fraudulent or illegal activities via your account, any inability to transact or problems related to poor internet access, mobile device or computer failure or other communication issues, or any issues related to the timely execution of a payment, transfer, deposit or similar transaction.

While RevaPay endeavors to provide secure, fault-free access to the Service at all times, we provide such Services “as-is” according to our best effort, and in no event will we accept liability for any direct, indirect or punitive damages by omission or otherwise as a result of the use of the Service.

Jurisdiction, Arbitration & Application

Governing Law

These Terms and Conditions and any dispute thereunder will be governed by the applicable laws of the State of California and/or applicable federal law (including the Federal Arbitration Act) as the same are applied to agreements entered into and to be performed in the State of California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.

You Have the Right to Select Arbitration

In the event of a dispute, you and RevaPay may choose to settle claims outside of court through an internationally accepted arbitration procedure as laid out in the International Chamber of Commerce by-laws or referred to either applicable Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”). If a selection by RevaPay of one of these organizations is unacceptable to you, you shall have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitrator administrator. For more information see http://iccwbo.orghttp://jamsadr.com or http://adr.org.

 

Disclaimer of Warranties, Liability and Indemnity

Disclaimer Regarding Use of Mobile Devices

Use of the Service may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. REVAPAY MAKES NO WARRANTIES OR REPRESENTATIONS

OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

Disclaimer of Warranties

THIS SERVICE IS PROVIDED BY REVAPAY ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVAPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. REVAPAY DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF INFORMATION CONTAINED ON THIS WEBSITE OR THAT ACCESS TO THIS WEBSITE OR USE OF THE SERVICE WILL BE UNINTERRUPTED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REVAPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Your Indemnification of RevaPay

You shall defend, indemnify and hold harmless RevaPay and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of these Terms and Conditions by you.

 

Links are Not Endorsements

Please note that once you leave this Service, RevaPay accepts no responsibility for the content, products, services or privacy policies of any other websites. Links to other companies’ websites or references to other companies’ products, services or publications do not imply RevaPay’s endorsement or approval of such websites, products, services or publications.

 

Amendments or Revisions

We may provide these Terms and Conditions and any amendments or revisions thereto to you in electronic form. You also agree that we may deliver via electronic communication any future notices and information, including but not limited to such future notices and information that may be required by law or by regulation to be provided to you pertaining to the Service (“Notices”). We may deliver future Notices electronically by posting the Notice or a link to the Notice on our Service or by e-mailing the Notice to the e-mail address that you have provided to us. You agree to promptly notify us of any change in your e-mail address by logging onto the Service, clicking on the “Profile” link, and updating your e-mail address.

If you have any questions related to the terms and agreements set forth in this document, please contact us at 949-481-2700 or by e-mail at compliance@revapay.com