Terms of Service

PRESTIGEPAY CARD SERVICES WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ANY INDIVIDUAL PAGES CONTAINED HEREIN, AND ESPECIALLY BEFORE USING ANY OF THE SERVICES OFFERED HEREBY.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT VIEW OR USE THIS WEBSITE; YOUR CONTINUATION ONTO THE WEBSITE OR YOUR USE OF THE SERVICES ACCESSIBLE FROM THIS WEBSITE WILL EVIDENCE YOUR ACKNOWLEDGMENT OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE BOUND BY THEM.

1. Introduction. These Terms of Use apply to and govern your use of this website (“this Website”), which is owned and operated by PrestigePay Card Services, a Delaware corporation. From time to time PrestigePay Card Services will be identified herein as “PrestigePay” “and, as the context permits, “we” or “us” and the correlative “our.” Please note that these Terms of Use are not intended to, and do not, modify or alter the terms of your Cardholder Agreement (the “Terms and Conditions”) applicable to your prepaid debit card (“Card”), which Terms and Conditions (if you are a Cardholder) were provided to you separately in connection with your purchase or other acquisition of a Card and its activation.

2. Your Use of this Website. By accessing and using this Website for any purpose (even for viewing only), you are representing and warranting to PrestigePay that you are 18 years of age or older, and are accessing this Website for the sole and limited purpose of managing aspects of your Card ownership. This is true regardless of the medium or device (such as computer, tablet or Smartphone) that you use for accessing this Website.

3. Rejection of any Terms of Use. If you do not agree to be bound by each and all of the specific Terms of Use of this Website in force at your time of use, do not use this Website, as your access and use will signify and evidence your complete agreement with each and all such Terms of Use, without any modification.

4. Amendments, Revisions, New Versions. From time to time hereafter, we may introduce new Terms of Use for the use of this Website, or may amend or otherwise update or revise any such Terms of Use, and each time that you access or use this Website you will be signifying your agreement to the then-current version of these Terms of Use. In order for you to identify whether the Terms of Use have changed, each version will reflect at the bottom of the page a version number and the date when it was last updated. Accordingly, please check the version number and date each time you access or use this Website.

5. PrestigePay’s Proprietary Rights; Limited Use. The materials contained in this Website, and the manner of presentation of such materials, constitute the property of PrestigePay, it affiliates and/or any licensors, all of which is protected by U.S. and/or foreign copyright, trademark or other proprietary rights. By using this Website, you are acknowledging and agreeing to PrestigePay’s ownership or licensed rights in or to such materials, and agree not to challenge or assert any competing rights therein. Without the prior written consent of PrestigePay in each instance, you may not copy or make use of any of the content of this Website, nor any of PrestigePay’s or its affiliates’ trademarks, names or logos, except for your limited personal use solely for the purposes contemplated herein. You may not copy, reproduce, republish, post to another website or blog, or otherwise disseminate or distribute all or any portion of this Website.

6. Third Party Websites. If, from time to time, this Website offers links to other websites (“Third Party Websites”), such links are provided solely for your convenience and are neither owned by nor under the control or supervision of PrestigePay. Accordingly, your connection to or use of such Third Party Websites, whether accessed directly from links provided herein or otherwise, is done at your own risk. PrestigePay is not responsible for the availability, content or function of any such Third Party Websites, nor does PrestigePay review on an ongoing basis or endorse any such content.

You should review carefully the separate terms of use offered by any such Third Party Website before choosing to use or access its content, especially if your use of such Third Party Website may involve providing any personal information for account creation or otherwise. If you choose to access any such Third Party Websites, you acknowledge that PrestigePay will not be liable, directly or indirectly, for any loss (including any loss of data), cost or claim, nor for any damage to any equipment or devices that may arise from, or be attributable to, your access or use of any such Third Party Websites.

7. PrestigePay’s Privacy Policy Concerning Personal Information. Your use of this Website is governed by PrestigePay’s Privacy Policy, which may itself be revised or amended from time to time. Such Privacy Policy, whether now or hereafter in effect, is incorporated into these Terms of Use and governs how we may collect personal information and what type of personal information we collect from users of this Website. It also governs how we store and, on occasion, may share your personal information with others.

8. Collection of Non-Personal Data from Your Use of this Website. As noted directly above, our collection, storage, use or sharing of your personal information obtained from accessing or using this Website is governed by PrestigePay’s Privacy Policy. In addition to the collection of certain personal information governed by our Privacy Policy, when you access this Website and navigate within it, or use any services offered hereby, PrestigePay and certain others working with or for PrestigePay may use technologies that allow us to collect or capture general, non-personal information about those who visit this Website, including the details of how users interact with and make use of this Website. The information being captured by such means may include some or all of the browser type and version you are using, the operating system used by your computer or other device, which pages are viewed, and for how long, and in what order, etc. Such information and data are collected for statistical and analytical purposes to enable PrestigePay to better understand how its users are accessing and utilizing this Website, and to determine how this Website (or any components thereof) can be improved or streamlined, including how to enhance user satisfaction. In addition, we may collect your IP address for the computer, mobile device or other device that you use to access this Website so that we may identify your device by a unique device identifier.

From time to time we may work with third parties to assist PrestigePay in the collection of some of this information or data through the use of “cookies” or other tracking technologies, whether now in existence or hereafter developed. “Cookies” are small data files placed in the browser on the device from which you access this Website that we or others with whom we are working will use to help manage and maintain this Website and customize the user experience. The cookies may help PrestigePay for security or authentication purposes and to assess how users are using this Website. While most computers and devices allow you to choose whether or not to accept cookies from websites such as those we use, declining such cookies may affect the quality or speed of your experience when visiting this Website or using services offered by this Website.

9. Use of this Website; User Conduct and Prohibitions.

By accessing and/or using this Website, you agree not to use the services offered hereby, or any of the content contained herein, for any unlawful, fraudulent or wrongful purpose, nor for any purpose that is prohibited by these Terms of Use or the PrestigePay Privacy Policy. Without intending to be a complete statement of the prohibitions associated with any User’s use of this website, you agree not to:

a. use the Website, any of its contents or any linked website for any fraudulent purpose or in any manner designed to conceal from PrestigePay or mislead PrestigePay concerning your identity or location, such as by creating fictitious identities, fake physical or e-mail addresses, etc., or attempt to impersonate any other user of this Website;

b. provide a false or fraudulent IP address when accessing this Website, or using a service or program that will enable you to mask or conceal your actual IP address, or use a program or service to route your requests to the Website through multiple IP addresses when the purpose of such routing is to obscure your actual IP address;

c. send, distribute or allow your computer to be a conduit or ‘bot” for the purpose of sending or distributing “spam,” or to engage in “phishing” attempts seeking to access or obtain the personal information of other users;

d. send, distribute or allow your computer to be a conduit for a denial of service attack on this Website or on the website of any other person or party;

e. transmit any content or information that is unlawful, harmful, harassing, abusive, libelous, defamatory, obscene, pornographic, sexually explicit, or that would constitute a criminal offense as abusive, hateful or vulgar; that would give rise to civil liability or that would infringe the rights of others to privacy or publicity, or that would infringe the intellectual property rights of PrestigePay or others;

f. use any “deep-link,” “scraper,” “robot,” spider,” search or retrieval application or other automatic device, program, algorithm or methodology designed or for the purpose of accessing, obtaining, retrieving, viewing, corrupting, changing, copying or monitoring all or any portion of this Website or its contents, or any Third Party Websites (whether accessed through the links provided herein or otherwise);

g. attempt to gain unauthorized access to any portion of this Website not intended to be accessed by the public or users other than PrestigePay’s employees or agents responsible for the design, operation and maintenance of this Website;

h. probe, scan or test vulnerabilities of this Website or the services offered herein;

i. use this Website, or any Third Party Website, or any services offered or available herein or therein, in any manner designed to or having the effect of interfering with the proper working of this Website, any Third Party Website or the services offered or available by any of such websites;

j. use this Website, or any Third Party Website, or any services offered or available herein or therein, in any manner designed to or having the effect of interfering with any other user’s use or enjoyment of this Website, any Third Party Website or the services offered or available by any of such websites;

k. attempt to obtain or discern the passwords used by other users of this Website, or to obtain for any purpose (whether for gain or otherwise) any personal or private information from any other user of this Website;

l. upload any files containing viruses, worms, corrupted content or any other component that may be harmful to this Website, and Third Party Website or the operation of the computer of any other person or organization;

m. conduct or transmit any surveys, contests, pyramid schemes, chain letters or advertisements for goods or services; or

n. post hyperlinks to other websites that contain or perform any of the prohibited items or actions listed above.

10. DISCLAIMERS.

To the maximum extent permitted by applicable law, PrestigePay expressly disclaims any representations or warranties that this Website, any of its contents or any links to Third Party Websites (or the contents thereof) is or will continue to be free of defects, viruses or other harmful components. Your access and use of this Website is at your own risk, and this Website, its content and links to any Third Party Websites are provided to you on an “AS-IS, AS AVAILABLE BASIS” only, without warranty of any kind. ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. BY YOUR ACCESS TO OR USE OF THIS WEBSITE YOU HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF SUCH WARRANTY DISCLAIMERS AND WAIVE, RELEASE AND RELINQUISH ANY CLAIMS THAT YOU MAY HAVE AGAINST PRESTIGEPAY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS IN CONNECTION WITH ANY LOSS, COST OR DAMAGES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OF THIS WEBSITE, ANY SERVICES OFFERED HEREIN OR HEREBY, OR YOUR LINK TO ANY THIRD PARTY WEBSITE FROM THIS WEBSITE.

NEITHER PRESTIGEPAY, NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS, SHALL BE LIABLE FOR ANY LOSS, COST, CLAIM OR LIABILITY ARISING OR RESULTING FROM ANY USE OR ANY UNAVAILABILITY OF THIS WEBSITE, ITS CONTENTS OR SERVICES, OR ANY THIRD PARTY WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFIT, ANY LOSS OR CORRUPTION OF ANY DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR COMPENSATORY DAMAGES, EVEN IF PRESTIGEPAY OR ANY AFFILIATE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.

THESE DISCLAIMERS EXTEND TO THE ACTIONS OR OMISSIONS OF PRESTIGEPAY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS, EVEN IF RESULTING FROM ANY NEGLIGENCE OR OMISSION BY PRESTIGEPAY OR SUCH OTHERS, INCLUDING ANY COMPUTER VIRUS, WORM OR OTHER INTERRUPTION OR CORRUPTION, WHETHER SIMILAR OR DISSIMILAR IN NATURE. PRESTIGEPAY WILL NOT BE LIABLE (NOR WILL ANY OF THE OTHERS FOR WHOM THE BENEFIT OF THIS DISCLAIMER EXTENDS) FOR THE CRIMINAL, WRONGFUL OR TORTIOUS CONDUCT OF THIRD PARTIES THAT AFFECT OR MAY COMPROMISE THE INTEGRITY OF THIS WEBSITE, INCLUDING ANY CONDUCT THAT MAY HARM OR MAKE VULNERABLE TO HARM YOUR COMPUTER, MOBILE DEVICE OR ANY OTHER EQUIPMENT USED IN ACCESSING OR USING THE SERVICES OFFERED BY THIS WEBSITE OR ANY THIRD PARTY WEBSITE.

IF YOU CHOOSE TO DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, OR FROM ANY THIRD PARTY WEBSITE, YOU DO SO AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, AND FOR ANY LOSS OF DATA, THAT MAY RESULT FROM SUCH CONDUCT.

SOME JURISDICTIONS MAY LIMIT PRESTIGEPAY’S RIGHTS TO EXCLUDE OR LIMIT WARRANTIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, IF YOU LIVE IN SUCH A JURISDICTION, CERTAIN OF THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU OR YOUR USE OF THIS WEBSITE, ALTHOUGH PRESTIGEPAY’S LIABILITY TO YOU UNDER SUCH CIRCUMSTANCES IS INTENDED TO BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.

11. Indemnity. By using this Website, you agree to indemnify and hold harmless PrestigePay, its affiliates, officers, directors, employees, shareholders, customers, vendors, service providers and other agents from and against any and all loss, liability, damages or cost (including reasonable attorneys’ fees and related expenses) arising out of, relating to or incurred in connection with, directly or indirectly, your access to or use of this Website, your violation of these Terms of Use, your violation of PrestigePay’s Privacy Policy, or the infringement by you or anyone acting on your behalf or in concert with you of the intellectual property rights of any other person. You agree to cooperate as PrestigePay may reasonably request (and at your expense) in the defense of any claim that my be asserted for which you are required to indemnify PrestigePay and the others identified above. PrestigePay shall have the right to assume the exclusive defense and control of any claim or matter subject to your indemnification under this Section, and under no circumstance will you agree or be permitted to settle any claim made against PrestigePay without PrestigePay’s prior written consent, which consent will not be unreasonably withheld so long as any such settlement does not involve any admission of wrongdoing by or on behalf of PrestigePay or its affiliates or agents.

12. Security. Any user name and/or password that you establish for using or accessing this Website is for your individual use only, and you agree not to share with or allow others to use your log-in information. If PrestigePay determines in its sole discretion that any password selected by you is unsecure, it may require you to change your password to another available password that PrestigePay deems more secure. PrestigePay will use reasonable efforts to protect information that you submit in connection with accessing or using this Website or any services offered by or from this Website, but you acknowledge and agree that any such submission of data or information by you is at your sole risk, and PrestigePay shall not be liable for, and hereby disclaims any liability for, the loss, dissemination or corruption of any such information.

You agree to notify us immediately if you learn of or suspect any unauthorized use of your password or account used to access this Website or its services, or if you learn of any other breach of security relating to this Website. For your security, you agree to exit from any account that you may use to access this Website or its services each time you complete your use of the website and/or such services.

13. Termination. You agree that PrestigePay may terminate the availability of this Website generally, or your access to this Website or its services specifically, at any time or from time to time without notice and for any reason (or for no reason) whatsoever. Without limiting the general nature of the rights reserved by PrestigePay in the preceding sentence, you acknowledge and agree that we may terminate or suspend your account or access to all or any portion of this Website immediately, without prior notice or liability, if you breach or we have a good faith basis to suspect that you may have breached or attempted to breach these Terms of Use. PrestigePay also reserves the right at any time and from time to time to remove or disable access to any content, services or other materials on or in connection with this Website.

14. Copyrights, Copyright Infringement Claims, Copyright Agent

PrestigePay respects the intellectual property rights of others, and in accordance with the Digital Millennium Copyright Act (“DCMA”), PrestigePay has designated an agent to receive and review notices of alleged unauthorized online use of the materials of others. If you believe that any portion of the content of this Website is infringing your copyrighted work, or that your intellectual property rights have otherwise been violated by this Website, please provide PrestigePay’s copyright agent, identified below, with written notice (sent by mail or e-mail) setting forth:

a. identification of the specific copyrighted work that you claim has been or is being infringed by this Website;

b. identification of the specific material or content of this website claimed by you to be infringing the copyrighted work identified in the preceding item, providing as much detail as is possible, and whether such material or content constitutes the entire portion of this Website’s material or content that you are seeking to have removed;

c. sufficient information that will allow PrestigePay to contact the complaining party, such as a physical address, a telephone number and, if available, an e-mail address where the complaining party may be contacted;

d. a statement that the complaining party has a good faith belief that this Website’s use of the material or content identified infringes the copyright(s) of the complaining party, and that use of such material or content has not been authorized by the copyright owner, its agent or pursuant to applicable law;

e. a statement that the information contained in the notification is accurate and under penalty of perjury that the complaining party is the copyright owner or is acting under due authority on behalf of the copyright owner as its agent to protect such copyright owner’s exclusive rights to such material or content; and

f. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest as to which the notice and demand is being submitted.

E-mails containing such DMCA Notices should be sent to PrestigePay to:
support@prestigepay.com

Mail providing such DMCA Notices should be sent to:
Name: PrestigePay Card Services
Address: 9999 NE 2nd Avenue, Suite 314, Miami Shores, FL 33138

15. Governing Law; Severability. These Terms of Use shall be governed by and construed in accordance with, exclusively, the laws of the State of New York excluding its conflict of laws principles or any other doctrine that could result in the substantive or procedural laws of any other jurisdiction applying to or governing these Terms of Use. Any dispute arising from these Terms of Use shall be resolved only in State or Federal Court located in New York County, New York, and by using or accessing this Website you agree irrevocably to the personal and subject matter jurisdiction of such courts for the purposes contemplated by this provision. If any provision (or any portion of any provision) set forth in these Terms of Use is deemed by a court of competent jurisdiction to be unlawful, void or unenforceable in whole or in part and for any reason, then such provision (or part thereof) shall be deemed to be severed and these Terms of Use shall thereafter be interpreted as though the severed portion or provision had not been contained herein, the validity and enforceability of the remainder of the these Terms of Use being unaffected thereby.

16. Notices. By your accessing this Website and/or using any services offered hereby, you consent to receiving electronic communications (e-mail and/or postings on this Website) from PrestigePay or its agents, and you further agree that our giving such electronic communications shall satisfy any legal requirement that PrestigePay may have to you to provide you with notice or to give such communications “in writing.”

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If you have any questions about these Terms of Use, please contact PrestigePay at:
PrestigePay Card Services
Attn: Terms of Use Inquiry
9999 NE 2nd Avenue, Suite 314, Miami Shores, FL 33138

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© 2016, PrestigePay, LLC. All rights reserved.