This User Agreement is a contract between you and LocalPay governing use of your LocalPay account and the LocalPay services. You must be in the United States and have a U.S. bank account to use the LocalPay services.
You agree to comply with all of the terms and conditions in this User Agreement. You also agree to comply with the following additional policies and each of the other agreements posted on localpay.com/legal that apply to you:
We may revise this User Agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this User Agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this User Agreement, you may close your account.
We offer accounts for two types of purposes: personal Consumer accounts and Merchant business accounts. You may only have one personal account. To create a personal Consumer account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your LocalPay account is a personal account unless you have a registered business.
Personal accounts let you do things like:
We may also offer you the ability to set up a business profile in addition to your personal account, which you can use to receive payments for the sale of goods and services. This feature is offered in our sole discretion and may not be available to all users.
When we refer generally to “your LocalPay account” that includes your personal account you have opened. References to any “balance” or “funds” are held in your verified bank accounts which are linked to your personal LocalPay account, which you agree are owned by you.
Keep confidential any credentials used to access your LocalPay account and the LocalPay services. You must keep your phone number, email address and other contact information current in your LocalPay account profile up to date.
You may close your LocalPay account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your LocalPay account even after the LocalPay account is closed. Any incomplete transactions or transfers must be completed or canceled from any personal or business profiles of your LocalPay account before closing it.
In certain cases, you may not close your LocalPay account, including:
You can link or unlink certain payment methods such as a U.S. bank account to your LocalPay account.
Please keep your payment method information current.
By linking a payment method to your LocalPay account, as described in the section Link or Unlink a Payment Method, you authorize us to charge such linked payment method for the payment amount and any applicable fees (a) whenever you choose such linked payment method to send money or buy something using LocalPay, (b) in connection with any errors, claims, or disputes, and (c) for amounts you owe to us.
Each time you make a payment, as described in the section Making Payments, or buy something, as described in the section Buying Something from Authorized Merchants, you authorize us to charge the selected payment method for the payment amount and any applicable fees. If the amount of your transaction changes after checkout (for example, if the amount increases because you add another product or service like expedited delivery or if the amount decreases or is split because a portion of your order is canceled or delayed), you authorize us to charge the selected method in the revised amount.
If you have entered into an automatic payment agreement with a seller, you authorize us to charge your selected payment method each time you make a purchase from the seller, including via recurring payments or any other future transactions scheduled in advance.
You can revoke our authority to charge a payment method by unlinking that payment method from your LocalPay account as described in the section Link or Unlink a Payment Method. Such revocation only applies to transactions that are initiated after you unlink the payment method. It does not affect our authority to charge the payment method for a transaction you have already authorized, including our authority to represent a charge to the unlinked payment method or charge the unlinked payment method as a backup payment method if the original transaction occurred before you unlinked that payment method. Unlinking a payment method also does not revoke our authority to charge or credit the payment method in connection with an error, dispute, or claim with respect to a transaction initiated before you unlinked that payment method. If you have a payment method selected for a connected business, you may not be able to unlink that payment method until you select a different payment method settings in your LocalPay app or by disconnecting the business. If there is a pending transaction with a seller where you have authorized the transaction, but the seller has not yet completed the transaction, you may not be able to unlink the payment method used until the transaction is completed or you select an alternative payment method.
To receive payment from a LocalPay transaction and use money sent to you, we must verify the required identifying information you provide to us. The required identifying information is:
Until you verify the required identifying information, you will not be able to receive money via your LocalPay account.
We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your LocalPay account activity and the activity of users with whom you have transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your LocalPay account and access to transfer money in it or that is sent to you until verification is completed.
Reviews may result in:
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised LocalPay account, or if you were a participant in a transaction for goods and services among personal accounts.
You have the right to receive account statements showing your LocalPay account activity. You may view your LocalPay account statements by logging into your LocalPay account on the App.
Using your personal Consumer or business Merchant account, you can send money to or request money from a LocalPay user using the “Pay/Get Paid” payments feature in your LocalPay account. When you accept a charge request sent by another LocalPay user, you will send them money.
Payments for the sale of goods or services made using the Pay/Get Paid feature in your LocalPay account must either be identified as for goods and services or sent to business profiles.
We may, at our discretion, impose limits on the amount and/or the number of payments and transfers you can send and receive.
The fees applicable to receiving, withdrawing and sending money can be found on the Fees page.
In order to manage risk, we may limit the payment methods available to make a payment.
Fees and limits may change from time to time in our sole discretion.
You may have the ability to use LocalPay as a payment method at checkout at an authorized Merchant's website or mobile app and can make in-person purchases with a QR code. An “authorized Merchant” means a Merchant that has been authorized by us to accept LocalPay as a payment method for purchases of goods and services through the Merchant’s website, mobile app, or in-person by using a LocalPay QR code. This includes, for example, buying something online using your mobile phone through an authorized Merchant’s website or mobile app and selecting LocalPay as your payment method at checkout, or buying something from an authorized Merchant in-person by using a LocalPay QR code.
If a payment is initiated through your LocalPay account with your bank account selected as the payment method, remember that your LocalPay account is issued to you by LocalPay and not your bank. The terms, benefits, and protections associated with your LocalPay account may vary from those that apply to your bank account. If your LocalPay account is used to make a purchase that exceeds the balance in the linked bank account, the bank may charge overdraft fees, even if you chose not to allow overdrafts with your bank. Similarly, the liability limits applicable to your LocalPay account may differ from those applicable to the linked bank account.
We may, at our discretion, impose limits on the amount or the number of payments that may be sent, including money sent for authorized Merchant purchases.
Fees and limits may change from time to time in our sole discretion.
We review payments made with your LocalPay account at our discretion. When we identify a potentially high-risk payment to an authorized Merchant, we review the transaction more closely before allowing it to proceed.
When you buy something from an authorized Merchant using LocalPay and the transaction is ultimately refunded, the money will be sent back to your linked bank account. This may take up to 15 business days.
You can receive payments for the sale of goods and services only by using a Merchant account. Selling on LocalPay, including receiving payments in your Merchant account or that are identified as for goods and services, is subject to applicable fees for such payments found on the Fees page. If you refund a transaction to a buyer, there are no fees to make the refund, but the fees you originally paid as the seller are not returned.
We may restrict the use of your LocalPay account, including any Merchant account, if the selling activity through the account, including any Merchant account, reaches certain thresholds, involves certain activities or violates any terms between you and us. In addition, if your selling activity meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your LocalPay account until we receive the requested information and documentation.
LocalPay may offer you the ability to create a single Merchant account in addition to your personal account. To be eligible, you must be an individual with a LocalPay account in good standing and complete any required application process, including verification of the required identifying information. As a Merchant account is part of your LocalPay account, any and all terms applicable to your LocalPay account will also govern the Merchant account, unless otherwise specifically stated. The information you use to complete your Merchant account profile must be accurate, and any descriptions, pictures or other content associated with your profile must be owned by you.
If you create a Merchant account for a business legal entity (instead of opening a business profile on behalf of an unincorporated business/sole proprietorship), you agree that you are a legal representative of that business and are authorized to accept this User Agreement on its behalf.
By creating a Merchant account, you authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity or the status of your business. This may include ordering a personal and/or business credit report from a credit reporting agency or verifying your or your business’s information against third party databases or other sources.
By using the LocalPay service, Merchants agree to allow LocalPay to periodically (i.e. weekly, monthly) withdraw an amount from their linked bank account that totals the fees accumulated from all transactions that have occurred in the prior period. If the linked bank account contains insufficient funds to cover the required fees at the time of payment, it is your responsibility to send LocalPay the amount due or risk your account being suspended, temporarily disabled, or terminated.
We may request that you provide your tax identification number and/or a US tax form such as W-9 or W-8. If you do not provide us the requested information and documentation, you understand and agree that you may be subject to account limitations and federal and state withholding tax at the applicable rates on all US source income payments received. It is your responsibility as a Merchant to calculate and pay the required appropriate taxes.
We may make available functionality that allows business profiles to offer LocalPay users cash back rewards on qualifying purchases. For example, you may elect to offer buyers $5 cash back on a qualifying purchase of $25 or more. You must have a Merchant account in good standing to create an offer. By electing to create any offer, you agree to these terms.
In creating an offer, you will be able to stipulate the operative terms for the offer, i.e., the required minimum purchase amount, the amount of cash back to be provided, the date until which the offer is available to be redeemed, the maximum number of users who may redeem the offer, and by when a user must make the qualifying purchase.
You are solely responsible for configuring any offer you make and must honor all offers as made (including honoring offer redemptions in excess of your set maximum that occur due to the system limitations described above). In the event you terminate an offer prior to its original expiration date, users that have already saved the offer will still be able to redeem the offer per its original terms and you agree to honor all such offers. We will have no liability to you or any buyer based on any human or other error made in configuring an offer.
When you utilize this feature and a user who has saved the offer makes a qualifying purchase, you will receive the discounted purchase amount (subject to fees and any other withholdings as described on our Fees page and elsewhere in this User Agreement). Payments to you that are made by a LocalPay user redeeming one of your offers will be charged a promotional transaction fee in addition to the fee you pay for receiving Merchant account payments. Please see our Fees page for details. If a transaction to a buyer is refunded or reversed, there are no fees to make the refund, but the fees you originally paid as the seller will not be returned.
You can earn LocalPay Offers by making qualifying purchases from authorized Merchants using a QR code or with your LocalPay App at participating Merchants. For the current list of participating Merchants and offers, please check the LocalPay App or the Merchants themselves. Participating Merchants and offer terms may be changed from time to time without notice.
LocalPay will post the LocalPay Offers discount amount to your LocalPay account based on the information we receive from the Merchants.
When a bank account is used as a payment method, you are allowing us to initiate a transfer from that bank account. For these transactions, we will make electronic transfers from the bank account in the amount authorized. You authorize us to try this transfer again if the initial transfer is rejected by the bank for any reason.
YOU SHOULD CONFIRM THAT THE BANK ACCOUNT LINKED TO YOUR LOCALPAY ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES THE FINANCIAL INSTITUTION MAY CHARGE.
When you buy something from a seller on LocalPay using the "Pay" feature in your LocalPay account, and the transaction is refunded, the money will be sent back to your linked bank account.
If you receive a payment through a Merchant account and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees).
Payments may be invalidated and reversed by us or the Consumer’s bank if, among other reasons, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this User Agreement or any other agreement with us.
If you send or receive a payment that is later invalidated for any reason, you may be liable to the other party for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your LocalPay account to cover the liability.
When recovering the amount of an invalidated payment from you, we may apply any money sent to you on LocalPay account or may:
If we invalidate a payment because the Consumer’s bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the Consumer’s bank to decline or reverse the payment. If you believe that a payment initiated with your LocalPay account was not authorized, then you must notify the Consumer’s bank immediately via the App. Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.
When you are a buyer, an Item Not Received claim for a Qualifying Payment will not be eligible for a refund if:
If the seller presents evidence that they delivered the goods to you, the Consumer's bank may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.
When you are a buyer a Significantly Not as Described claim for a Qualifying Payment may be eligible for a refund if:
A Significantly Not as Described claim for a Qualifying Payment may not be eligible if:
If you receive a funded payment in your Merchant account and the buyer pursues a chargeback for the transaction with their Consumer’s bank, we may assess a chargeback fee.
In connection with your use of our websites, a LocalPay account, the LocalPay services, or in the course of your User’s interactions with us, other customers, or third parties, you must not:
If we believe that you have engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
If we close your LocalPay account or terminate your use of the LocalPay services for any reason, we’ll provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the LocalPay services. For example, if you send a payment funded by a linked bank account and the bank informs us there are not sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.
Limitations may be placed on your LocalPay account to help protect LocalPay and LocalPay users when we notice Restricted Activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your LocalPay account open.
There are several reasons why your LocalPay account could be limited, including:
You will need to resolve any issues with your LocalPay account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including placing an Account Limitation on your LocalPay accounts. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your LocalPay account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.
To protect yourself from unauthorized activity in your LocalPay account, you should regularly log into your LocalPay account and review your LocalPay transaction history. We will notify you of each transaction by listing it on your app’s Transactions page, as well as sending an email to your primary email address if you have email receipts enabled in Settings. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
An “Unauthorized Transaction” occurs when money is sent from your LocalPay account that you did not authorize and that did not benefit you. For example, if someone steals or fraudulently obtains your password, uses the password to access your LocalPay account, and sends a payment from your LocalPay account, an Unauthorized Transaction has occurred.
The following are NOT considered Unauthorized Transactions:
If you believe your login information has been lost or stolen, please contact LocalPay customer service immediately or call (650) 587-1200 or send an email to contact@localpay.com.
Filing a chargeback or reversal with your financial institution related to a LocalPay payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to LocalPay customer service or send an email to contact@localpay.com.
An “error” means the following:
The following are NOT considered errors:
Telephone us at (650) 587-1200, contact us through the LocalPay website; or send an email to contact@localpay.com.
Notify us as soon as you can if you think the statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Filing a chargeback or reversal with your financial institution related to a LocalPay payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:
By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your LocalPay branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by LocalPay. You can decline to receive autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted-out from such messages or by sending an email to contact@localpay.com from the email associated with the account with the following message:
Please do not contact my phone with autodialed or prerecorded message calls or text messages.
This will ensure that you will not be contacted by LocalPay or on behalf of LocalPay with autodialed or prerecorded message calls or text messages. Text HELP to a message for assistance and more information. Message and data rates may apply. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. We may communicate with you about your LocalPay account and the LocalPay services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: LocalPay, Attention: Legal Department, 228 Hamilton Avenue, 3rd Floor, Palo Alto, CA 94301. You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your LocalPay account has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
We, in our sole discretion, reserve the right to suspend or terminate this User Agreement, your access to or use of our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf or some or all of the LocalPay services for any reason and at any time upon notice to you and, upon termination of this User Agreement, the payment to you of any unrestricted money being queued to be sent to you.
We may deduct amounts owed to us, in whole or in part, from money that is sent to by LocalPay to your bank account later, either by you or from payments sent to you. While you owe amounts to us, we may:
If you have more than one LocalPay account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one linked bank account against money in or money sent to your other linked bank account(s). If you continue using your LocalPay linked bank account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your LocalPay linked bank account.
In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your LocalPay linked bank account or accounts held at our affiliates or various products to pay any amounts that are past due.
IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT LINKED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTIONS MAY CHARGE.
If any proceeding by or against you are commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.
If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, at our discretion.
Our failure to act with respect to a breach of any of your obligations under this User Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
In this section, we use the term “LocalPay” to refer to LocalPay, Inc., , and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.
You must indemnify LocalPay for actions related to your LocalPay account and your use of the LocalPay services.You agree to defend, indemnify and hold LocalPay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this User Agreement, your improper use of the LocalPay services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your LocalPay account or access our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf, or any of the LocalPay services on your behalf.
LocalPay’s liability is limited with respect to your LocalPay account and your use of the LocalPay services.In no event shall LocalPay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf, any of the LocalPay services, or this User Agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, LocalPay is not liable, and you agree not to hold LocalPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf, or any of the LocalPay services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf and any of the LocalPay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf or any of the LocalPay services or any website or service linked to our websites, software or any of the LocalPay services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf or any of the LocalPay services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your LocalPay account; or (7) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
The LocalPay services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not have any control over the products or services provided by sellers who accept LocalPay as a payment method, and we cannot ensure that a LocalPay user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the LocalPay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the LocalPay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the LocalPay services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply.
If you have a dispute with any other LocalPay account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You and LocalPay agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the LocalPay services or your LocalPay account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
If a dispute arises between you and LocalPay regarding the LocalPay services, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and LocalPay regarding the LocalPay services may be reported to customer service online through the LocalPay Contact Email at any time, or by calling (650) 587-1200 from 8:00 AM to 8:00 PM PT seven days a week.
You and LocalPay each agree that any and all disputes or claims that have arisen or may arise between you and LocalPay (including claims or disputes that arise out of or relate to the LocalPay services or your LocalPay account), including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration or in small claims court. You or LocalPay may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Before bringing any dispute or claim, you or LocalPay must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to LocalPay at: LocalPay., Attn: Legal Specialists, Re: Notice of Dispute, 228 Hamilton Avenue, 3rd Floor, Palo Alto, CA 94301. LocalPay will send any notice to you to the email address we have on file associated with your LocalPay account; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form including but not limited to: your or LocalPay’s signature, the email address and phone number associated with the customer’s LocalPay account, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party.
If you and LocalPay are unable to resolve the claims described in the notice within 90 days after the notice is received by you or LocalPay, you or LocalPay may commence an arbitration proceeding. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The Notice of Dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally.
You and LocalPay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and LocalPay agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other LocalPay customers.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, and issues that this Agreement to Arbitrate indicates that a court can resolve.
Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims, the Consumer Arbitration Rules in effect at the time the arbitration is commenced, as applicable, and as modified by this Agreement to Arbitrate, shall apply. The AAA's rules are available at www.adr.org. In the event that the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement to Arbitrate, another administrator will be selected by the parties or by the court.
Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or LocalPay may attend by telephone or videoconference, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator shall be bound by rulings in prior arbitrations involving different LocalPay customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same LocalPay customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all AAA or arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that either the substance of your or LocalPay’s claim or the relief sought was frivolous or brought for an improper purpose, then you or LocalPay may seek to recover from you or LocalPay any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrateshall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.
You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice. For new LocalPay users, the opt-out notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. You must mail the opt-out notice to LocalPay., Attn: Litigation Department, Re: LocalPay Opt-Out Notice, 228 Hamilton Avenue, 3rd Floor, Palo Alto, CA 94301. For your convenience, we are providing an opt-out notice form you must complete and mail to opt-out of thisAgreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, LocalPay user name, and the email address(es) used to log in to the LocalPay account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of theAgreement to Arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the User Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LocalPay or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitratethat have arisen or may arise between you and LocalPay. We will notify you of amendments to this Agreement to Arbitrate by providing notice through email at least 21 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your LocalPay account within the 21-day period and you will not be bound by the amended terms.
"localpay.com," "LocalPay," and all logos related to the LocalPay services are either trademarks or registered trademarks of LocalPay or LocalPay’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of LocalPay. You may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the LocalPay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes LocalPay or the LocalPay services or display them in any manner that implies LocalPay’s sponsorship or endorsement. All right, title and interest in and to the LocalPay websites, any content thereon, the LocalPay services, the technology related to the LocalPay services, and all technology and any content created or derived from any of the foregoing is the exclusive property of LocalPay and its licensors.
If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then LocalPay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software, including this User Agreement. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the LocalPay services. If you do not comply with implementation, access and use requirements you agree you will be liable for all resulting damages suffered by you, us and/or third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the LocalPay services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by LocalPay and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the LocalPay websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that LocalPay does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the LocalPay services.
We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using LocalPay services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, language, medium or technology now known or later developed. We will not compensate you for any content.
You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, (2) your content is accurate and (3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights, and promise that you will not to assert any rights in your content against us.
We respect the intellectual property of others and require that LocalPay account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the LocalPay platform that is subject to intellectual property rights claims.
We may terminate an infringer’s access to LocalPay products or services in our sole discretion and we have a policy to terminate accounts of repeat infringers.
You may not transfer or assign any rights or obligations you have under this User Agreement without our prior written consent. We may transfer or assign this User Agreement or any right or obligation under this User Agreement at any time.
“Business Day(s)” means Monday through Friday, excluding holidays when LocalPay’s offices are not considered open for business during U.S. Federal Holidays. If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.
We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by writing an email to contact@localpay.com.
If you do not log in to your personal account for two or more years, we may close your LocalPay account.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this User Agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and LocalPay regarding your use of the LocalPay services.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain LocalPay services. We reserve the right to close, suspend, or limit access to your LocalPay account and/or the LocalPay services in the event that, after reasonable enquiries, we are unable to obtain information required to verify your identity.
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining account holder privacy, as well as our use and disclosure of account holder information.
In addition to reporting complaints about the LocalPay services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Financial Protection & Innovation by mail at Department of Financial Protection & Innovation, Consumer Services, 2101 Arena Boulevard, Sacramento, CA 95834, or online through its website at https://dfpi.ca.gov/file-a-complaint/. The California Department of Financial Protection & Innovation offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your LocalPay account and the LocalPay services by email. To make such a request, send an email to LocalPay at contact@localpay.com, include your email address, and your request for that information by email.
Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.
The LocalPay app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the LocalPay services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree that you will comply with all applicable third-party terms of agreement when using the LocalPay Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and LocalPay, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the LocalPay services and for providing maintenance and support services for the LocalPay services.
Covered Third Parties have no warranty obligations whatsoever with respect to the LocalPay Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the LocalPay services to conform to any warranty provided by us, if any, will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims relating to the LocalPay services, including, but not limited to: (i) product liability claims; (ii) any claim that the LocalPay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
If you or are using the LocalPay Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this User Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the LocalPay services.
If you or are using the LocalPay Services on an Google Android device, you acknowledge and agree that Google, and Google’s subsidiaries, the manufacturer of the device, are third party beneficiaries of this User Agreement, and that Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the LocalPay services.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your LocalPay account or your relationship with LocalPay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
If you receive information about any LocalPay customer, you must keep the information confidential and only use it in connection with the LocalPay services. You may not disclose or distribute any information about LocalPay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a LocalPay customer or use the LocalPay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.
In complying with such laws, you will: