Terms & Conditions of Service
Effective Date: May 31st, 2022
These Terms, Notices, and Obligations herein is a legal agreement between you and Chaplain "Jeffery G. Douglas or Crystal A. Douglas " (Here-in-to The Provider), Square Capital, LLC, PayPal and Third-Parties which govern your use of their services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”).
If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms.
By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies or Policy”), including (1.18 Limitations of Liability) terms and require (1.21 Binding Individual Arbitration) for any potential legal dispute.
You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.
Payment Terms:
These terms apply to all payments made through the Services.
Point of Sale Additional Terms of Service: These terms apply when you use certain Square or PayPal Point of Sale Services.
Cash Additional Terms of Service:
These terms apply when you use Square or PayPal
HIPAA Business Associate Agreement:
If you are subject to HIPAA as a Covered Entity or Business Associate (as defined in HIPAA) and use the Services in a manner that causes us to create, receive, maintain, or transmit
Protected Health
Information on your behalf, then you agree to the HIPAA Business Associate Agreement (“HIPAA BAA”). Square or PayPal Installments Seller Terms of Service: These terms apply if you participate in the Square or PayPal Installments Program.
1. Privacy You consent to The Privacy Policy which explains how we collect, use and protect the personal information you provide to us.
Jeffery G. Douglas Crystal A. Douglas Square’s Privacy Policy, PayPal Privacy Policy and Third-Party Privacy Policies
2. Account Registration You are not required to open a Square or PayPal Account with us to use our payment method. However, you may wish to open an “Square or PayPal Account” to use the their Services. During registration we will ask you for information, which includes but is not limited to: Your name and other personal informationYou must provide accurate and complete information in response to our questionsYou must keep that information current.You are fully responsible for all activity that occurs under your AccountAny actions taken by persons to whom you have granted access to your Account.
"Jeffery G. Douglas or Crystal A. Douglas" reserve the right to change the account type, suspend or terminate Your Account with us of anyone provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Any Affiliates, and Third-Parties used by "Jeffery G. Douglas or Crystal A. Douglas" reserve the right to change the account type, suspend or terminate Your Account with them of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
3. Revisions, Disclosures and Notices
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 1.20) that arose before the changes will be governed by the Terms in place when the Dispute arose.
You agree to "Jeffery G. Douglas or Crystal A. Douglas," Square, PayPal E-Sign Consent Policy and Third-Party E-Sign Consent Policies.
We may provide disclosures and notices required by law and other information about Your Account to you electronically, by posting it on our website, pushing notifications through the Services, USPS, or by emailing same to the email address listed in Your Account.
Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.
If you wish to withdraw your consent to receiving electronic communications, contact all parties you wish to withdraw consent in legible and notarized notice. If we are not able to support your request, you may need to terminate your Account.
4. Restrictions You may not, nor may you permit any third party, directly or indirectly to:
(1) Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
(2) Engage in any activity that may be in violation of regulations administered by United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account will be terminated and yourfunds could be held for an indefinite period of time;
(3) Access or monitor any material or information on any system using any manual process or robot, spider, scraper, or other automated means;
(4) Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
(5) Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
(6) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Us, PayPal, Square, and Third-Parties;
(7) Use and benefit from the Services via a rental, lease, time-sharing, service bureau or other arrangement;
(8) Transfer any rights granted to you under these General Terms;
(9) Use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
(10) Use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
(11) Use the Services for any illegal activity or illegal goods or in any way that exposes you, "Jeffery G. Douglas, Crystal A. Douglas," other Square Users or PayPal Users, our partners, or Square or PayPal themselvs to harm; or
(12) Otherwise use the Services except as expressly allowed under these Terms and laws thereof.
If we reasonably suspect that Your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about You, Your Account, and any of your transactions with law enforcement. 5. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.
You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.” 6. Your Content The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensee right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your PayPal, Square, VistaPrint.com or Third-Party Account or by terminating Your Account with us or them, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services of our subsidiaries, affiliates, and successors.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the our Services, our subsidiaries, affiliates, and successors any material that:
(1) Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(2) Encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(3) Breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property;
(4) Contains corrupted data or any other harmful, disruptive, or destructive files;
(5) Advertises products or services competitive with Us, our subsidiaries, affiliates, successors, PayPal, Square, VistaPrint.com or Third-Party or their partners’ products and services, as determined by us in our sole discretion; or
(6) In our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Us, our subsidiaries, affiliates, successors, PayPal, Square, VistaPrint.com, or Third-Party and their affiliates or our customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. PayPal, Square, VistaPrint.com, Third-Party, our subsidiaries, affiliates, and successors may also monitor such Content to detect and prevent fraudulent activity or violations of our and their General Terms.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. 7. Intellectual Property Infringement We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers. 8. Security We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Account or any other breach of security. Notwithstanding Sections 1.20 and Section 1.21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Account subject to dispute) will be final and binding on all parties. 9. Communications
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for an account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls.
You acknowledge that opting out of receiving communications may impact your use of the Services. You can opt-out of electric messages from Us. You can opt-out from Square, Paypal , Third-Party, our subsidiaries, affiliates, and successors we us by the method provided by that sender.
NOTICE: We are not responsible for their direct communications, nor responsible forunsubscribing you, nor any effected services provided by them due to your opting out thereof. 10. Paid Services We, PayPal, Square, VistaPrint.com, Third-Party, our subsidiaries, affiliates, and successors may offer Services to be paid for on a recurring basis (“Subscription Services or Monthly Reoccurring Payments”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”).
Subscription Services or Monthly Reoccurring Payments may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”).
A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Account or your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of the current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.
We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice and your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. 11. Modification and Termination
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service.
We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Account. You may also terminate the General Terms and Additional Terms applicable to your Account by deactivating your Account at any time.
12. Effect of Termination (A) If these General Terms or your Account is terminated or suspended for any reason:
(1) The license and any other rights granted under these Terms will end,
(2) We may (but have no obligation to) delete your information and account data stored with us,
(3) We will not be liable to you or any third party for:
(1) compensation,
(2) reimbursement,
(3) damages
for any termination or suspension of the Services, or for deletion of your information or account data.
(B) In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination:
(1) Your Content,
(2) Intellectual Property Infringement,
(3) Effect of Termination,
(4) Ownership,
(5) Indemnity,
(6) Representations, Warranties, and No Warranties,
(7) Limitation of Liability and Damages,
(8) Third Party Products,
(9) Any Disputes,
(10) Binding Individual Arbitration,
(11) Governing Law or Laws,
(12) Limitation on Time to Initiate a Dispute,
(13) Assignment,
(14) Third Party Service,
(15) Links to Other Web Sites,
(16) Other Provisions by our subsidiaries, affiliates, and successors. 13. Your License
If necessary, we may grant you a limited, non-exclusive, revocable, non-transferable, non-sub-licensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time. 14. Ownership
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, and you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. 15. Indemnity You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses including without limitation reasonable attorneys’ fees which arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
(1) Any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
(2) Your wrongful or improper use of the Services;
(3) Your violation of any third-party right, our subsidiaries, affiliates, and successors, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(4) Your violation of any law, rule or regulation of the United States or any other country;
(5) Any other parties, our subsidiaries, affiliates, and successors access and/or use of the Services with your unique name, password or other appropriate security code.
16. Representations and Warranties
You represent and warrant to us that:
(1) You are at least eighteen (18) years of age (Yourself Account);
(2) You are at least eighteen (18) years of age and taking responsibility and liability for a person between the age of Thirteen (13) to Seventeen (17) years of age using our Services;
(3) You are at least Twenty-One (21) years of age and taking responsibility and liability for a person Twelve (12) years of age and under using our Services;
(4) You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms;
(5) You Certify that any information you provide in connection with the Services, including your Name, Business Name, and associated information is accurate and truthfully represents you and the person you are taking responsibility and liability on behalf of;
(6) You and all transactions initiated by you or the person in which you have took responsibility and liability thereof will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”);
(7) You and the person you have took responsibility and liability for will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services, our subsidiaries, affiliates, and successors;
(8) Your and the person you have took responsibility and liability thereof use of the Services will be in compliance with these Terms.
17. No Warranties
The use in Section 1.17 AND Section 1.18 means "Jeffery G. Douglas or Crystal A. Douglas" and our subsidiaries, affiliates, and successors, our Processors, our Supplier’s, and any Licensors their Respective Subsidiaries, Affiliates, Agents, Directors, and Employees.
The Services are provided “AS IS” without representation or warranty, whether it is express, implied, or statutory without limiting the foregoing. We and our subsidiaries, affiliates, and successors, specifically Disclaims any implied warranties of Merchantability, Fitness for particular purpose or non-infringement.
We and our subsidiaries, affiliates, and successors Do Not Warrant or Guarantee that the services are accurate, reliable or correct. That the Services will meet your requirements or expectation, that the Services will be available at any particular time or location, Uninterrupted, error-Free, without defect or secure, that any defects or errors will be corrected or that the Services are free of viruses or other Harmful Components
We and our subsidiaries, affiliates, and successors Do Not warrant, endorse, Guarantee, or assume responsibility for any product or service advertised or offered by a third party. We, our subsidiaries, affiliates, and successors, VistaPrint.com, PayPal, Square, or Third-Party do not have control of, or liability for, goods or services that are paid for using the Services.
18. Limitations of Liability and Damages
To the Maximum extent permitted by applicable laws, In no event will we be liable for any Direct, Indirect, Punitive, Incidental, Special, Consequential or Exemplary Damages, including without limitation damages for loss of Profits, Goodwill, Use, Data, or other likewise Intangible Damages or other notable losses that result from the use of, inability to use, or unavailability of the Services. In all cases, "Crystal A. Douglas or Jeffery G. Douglas" and any subsidiaries, affiliates, and successors used will not be liable for any loss or damages that is not reasonably foreseeable.
Under No Circumstances will "Jeffery G. Douglas or Crystal A. Douglas" be responsible for any damage, loss, injury or liability resulting from Hacking, Tampering, or other unauthorized Access, the use of the services, your Account or the information contained therein from such Hacking,
Under No Circumstances will " Crystal A. Douglas or Jeffery G. Douglas" be responsible for subsidiaries, affiliates, successors and Third-Party used by you or in connection with Your Account or Services of any damage, loss, injury or liability resulting from Hacking, Tampering, or other unauthorized Access, the use of the services, your Account or the information contained therein from such Hacking of those subsidiaries, affiliates, successors and Third-Party. To the Maximum extent permitted by Applicable Law, the total liability of "Jeffery G. Douglas or Crystal A. Douglas" is limited to the Greater of:
(1) Amount of Fees earned by us in connection with your use of the Services during a Three (3) month period immediately preceding the event giving rise to the claim for liability, or
(2) $500.00;
(3) You agree under this term to Sequel Payments
This Limitation of Liability applies whether the alleged liability is based on Contract, Tort, Negligence, Strict Liability, or any other basis thereof, including but not limited to the Even that "Jeffery G. Douglas or Crystal A. Douglas" has been advised of the possibility of such damage.
The foregoing Limitation of Liability “WILL APPLY” to the fullest extent permitted by law in the applicable jurisdiction, Respectfully, Jackson, Madison County, Tennessee and your use of services and accounts constitute your agreement to such jurisdiction thereof.
19. Third Party Products
All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer who is solely responsible for service and support for its product. Therefore, for service, support, or warranty assistance, you are required to contact the manufacturer or that provider directly.
"Crystal A. Douglas or Jeffery G. Douglas" and subsidiaries, affiliates, successors and Third-Party makes no representation or warranties, express or implied with respect to such Third-Party Products, Services, Representation, Warranty, Condition of Merchantability, Non-Infringements or Fitness for a particular purpose.
20. Disputes
“Disputes” are defined as any claim, controversy, or dispute between you and Our Office, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
21. Binding Individual Arbitration
You and Our Office agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can, so long as, the Abitration "Does Not" involve a Third Party dispute.
Any arbitration under these General Terms will only be on an Individual Basis, Class Arbitrators, Class Actions, Representative Actions and Consolidation with other arbitrators are not permitted. Therefore, you wave any right to have your case decided by a jury and you waive any right to participate in a Class Action against "Jeffery G. Douglas or Crystal A. Douglas"
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced and in no case will there be a class or representative arbitration.
All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association in according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms or any aspect thereof are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your Jackson Madison County, Tennessee small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where "Crystal A. Douglas or Jeffery G. Douglas" reside. Otherwise, any arbitration hearing will occur at the Direction of Arbitrator, or another mutually agreeable location.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim.
An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. "Jeffery G. Douglas or Crystal A. Douglas" will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $2,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to, i.e. attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous.
For purposes of this arbitration provision, references to you and "Jeffery G. Douglas or Crystal A. Douglas" also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings other than small claims actions in consumer cases as discussed above will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Jackson, Madison County, Tennessee, or federal court for the Western District of Tennessee.
22. Governing Law
These General Terms and any Dispute will be governed by Tennessee law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
23. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute, where appetible by Tennessee Law, must commence within Ninety-Days (90) after the cause of action accrues. Otherwise you agree to waive such rights to claim.
24. Assignment
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void. In addition, may subject your account to Closer.
25. Third Party Services
You may be offered services, products and promotions provided by third parties and not by "Jeffery G. Douglas or Crystal A. Douglas", including, but not limited to, third party developers who Provide "Jeffery G. Douglas or Crystal A. Douglas" services (“Third Party Services”) on your behalf. This includes your agreement to Assistance Application Submission that Jeffery G. Douglas may apply, on your behalf, for additional help or services with a third party without direct notice or contact or direct approval under the E-Signature Agreement. If you decide to use Third Party Services, you will be solely responsible for reviewing and understanding the terms and conditions set fourth y those services, the cancelation of such service and any other applicant requirements by such third patry. You futher disclaim and hold harmless, Jeffery G. Douglas of any liabilty arising out of the performance or lack preformance thereof by any Third-Party Services you elected to use.
You Further, agree to resolve all disputes or disagreement between you and the third party regarding the preformance of any Third-Party Services directly in accordance with those terms and conditions of that relationship, and not "Crystal A. Douglas or Jeffery G. Douglas". The Services may contain links to third party websites and the inclusion of any website link does not imply an approval, endorsement, or recommendation by "Jeffery G. Douglas or Crystal A. Douglas" and third-party websites are not governed by these General Terms. You access any such website at your own risk and We expressly disclaim any liability for these websites. When you use a provided link to go from website to a third-party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third-party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
26. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and "Jeffery G. Douglas or Crystal A. Douglas" regarding the Services. In the event of a conflict between these General Terms and any other agreement or Policy, these General Terms will prevail and control the subject matter of such conflict.
If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
Information for Law Enforcement and Other Government Agencies
These guidelines are for law enforcement and other government agencies seeking records from "Crystal A. Douglas or Jeffery G. Douglas." Requests For User Information
In accordance with our Privacy Policy and Terms , non-public information about you is not released except as lawfully required by appropriate legal process such as a valid subpoena, search warrant, court order, or other valid legal process etc.
Upon receipt of appropriate legal process, we will search for and disclose data and information that is specified and which we are reasonably able to locate and retrieve. We are unable to process overly broad or vague requests. Please include as much specific information as possible that would identify the relevant accounts and transactions
Contact Information for Law Enforcement
Law enforcement and other government agencies May Submit Request in writing or by using our Request Form Please note that acceptance of legal process by any of these means is for convenience and does not waive any objections, including, but not limited to, lack of jurisdiction or proper service.
Important note:
"Jeffery G. Douglas or Crystal A. Douglas" will not respond to correspondence sent by non-law enforcement or non-government agencies to the addresses above.
These terms apply to you if you use our payment processing services such as those described on our Payment Processing Notice
If you have made a purchase from a business that uses Square, PayPal and/or received a digital receipt via PayPal Privacy Policy or Square Privacy Policy.
By using "Jeffery G. Douglas or Crystal A. Douglas," PayPal, Square, Inc. and Square Capital, LLC (“Square,” “we,” “our,” or “us”) payment processing services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services as defined herein.
If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms.
Payment Services may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.
Jeffery G. Douglas Crystal A. Douglas Square’s Privacy Policy, PayPal Privacy Policy and Third-Party Privacy Policies
2. Account Registration You are not required to open a Square or PayPal Account with us to use our payment method. However, you may wish to open an “Square or PayPal Account” to use the their Services. During registration we will ask you for information, which includes but is not limited to: Your name and other personal informationYou must provide accurate and complete information in response to our questionsYou must keep that information current.You are fully responsible for all activity that occurs under your AccountAny actions taken by persons to whom you have granted access to your Account.
"Jeffery G. Douglas or Crystal A. Douglas" reserve the right to change the account type, suspend or terminate Your Account with us of anyone provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Any Affiliates, and Third-Parties used by "Jeffery G. Douglas or Crystal A. Douglas" reserve the right to change the account type, suspend or terminate Your Account with them of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
3. Revisions, Disclosures and Notices
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 1.20) that arose before the changes will be governed by the Terms in place when the Dispute arose.
You agree to "Jeffery G. Douglas or Crystal A. Douglas," Square, PayPal E-Sign Consent Policy and Third-Party E-Sign Consent Policies.
We may provide disclosures and notices required by law and other information about Your Account to you electronically, by posting it on our website, pushing notifications through the Services, USPS, or by emailing same to the email address listed in Your Account.
Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.
If you wish to withdraw your consent to receiving electronic communications, contact all parties you wish to withdraw consent in legible and notarized notice. If we are not able to support your request, you may need to terminate your Account.
4. Restrictions You may not, nor may you permit any third party, directly or indirectly to:
(1) Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
(2) Engage in any activity that may be in violation of regulations administered by United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account will be terminated and yourfunds could be held for an indefinite period of time;
(3) Access or monitor any material or information on any system using any manual process or robot, spider, scraper, or other automated means;
(4) Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
(5) Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
(6) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Us, PayPal, Square, and Third-Parties;
(7) Use and benefit from the Services via a rental, lease, time-sharing, service bureau or other arrangement;
(8) Transfer any rights granted to you under these General Terms;
(9) Use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
(10) Use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
(11) Use the Services for any illegal activity or illegal goods or in any way that exposes you, "Jeffery G. Douglas, Crystal A. Douglas," other Square Users or PayPal Users, our partners, or Square or PayPal themselvs to harm; or
(12) Otherwise use the Services except as expressly allowed under these Terms and laws thereof.
If we reasonably suspect that Your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about You, Your Account, and any of your transactions with law enforcement. 5. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.
You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.” 6. Your Content The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensee right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your PayPal, Square, VistaPrint.com or Third-Party Account or by terminating Your Account with us or them, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services of our subsidiaries, affiliates, and successors.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the our Services, our subsidiaries, affiliates, and successors any material that:
(1) Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(2) Encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(3) Breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property;
(4) Contains corrupted data or any other harmful, disruptive, or destructive files;
(5) Advertises products or services competitive with Us, our subsidiaries, affiliates, successors, PayPal, Square, VistaPrint.com or Third-Party or their partners’ products and services, as determined by us in our sole discretion; or
(6) In our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Us, our subsidiaries, affiliates, successors, PayPal, Square, VistaPrint.com, or Third-Party and their affiliates or our customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. PayPal, Square, VistaPrint.com, Third-Party, our subsidiaries, affiliates, and successors may also monitor such Content to detect and prevent fraudulent activity or violations of our and their General Terms.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. 7. Intellectual Property Infringement We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers. 8. Security We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Account or any other breach of security. Notwithstanding Sections 1.20 and Section 1.21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Account subject to dispute) will be final and binding on all parties. 9. Communications
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for an account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls.
You acknowledge that opting out of receiving communications may impact your use of the Services. You can opt-out of electric messages from Us. You can opt-out from Square, Paypal , Third-Party, our subsidiaries, affiliates, and successors we us by the method provided by that sender.
NOTICE: We are not responsible for their direct communications, nor responsible forunsubscribing you, nor any effected services provided by them due to your opting out thereof. 10. Paid Services We, PayPal, Square, VistaPrint.com, Third-Party, our subsidiaries, affiliates, and successors may offer Services to be paid for on a recurring basis (“Subscription Services or Monthly Reoccurring Payments”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”).
Subscription Services or Monthly Reoccurring Payments may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”).
A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Account or your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of the current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.
We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice and your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. 11. Modification and Termination
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service.
We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Account. You may also terminate the General Terms and Additional Terms applicable to your Account by deactivating your Account at any time.
12. Effect of Termination (A) If these General Terms or your Account is terminated or suspended for any reason:
(1) The license and any other rights granted under these Terms will end,
(2) We may (but have no obligation to) delete your information and account data stored with us,
(3) We will not be liable to you or any third party for:
(1) compensation,
(2) reimbursement,
(3) damages
for any termination or suspension of the Services, or for deletion of your information or account data.
(B) In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination:
(1) Your Content,
(2) Intellectual Property Infringement,
(3) Effect of Termination,
(4) Ownership,
(5) Indemnity,
(6) Representations, Warranties, and No Warranties,
(7) Limitation of Liability and Damages,
(8) Third Party Products,
(9) Any Disputes,
(10) Binding Individual Arbitration,
(11) Governing Law or Laws,
(12) Limitation on Time to Initiate a Dispute,
(13) Assignment,
(14) Third Party Service,
(15) Links to Other Web Sites,
(16) Other Provisions by our subsidiaries, affiliates, and successors. 13. Your License
If necessary, we may grant you a limited, non-exclusive, revocable, non-transferable, non-sub-licensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time. 14. Ownership
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, and you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. 15. Indemnity You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses including without limitation reasonable attorneys’ fees which arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
(1) Any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
(2) Your wrongful or improper use of the Services;
(3) Your violation of any third-party right, our subsidiaries, affiliates, and successors, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(4) Your violation of any law, rule or regulation of the United States or any other country;
(5) Any other parties, our subsidiaries, affiliates, and successors access and/or use of the Services with your unique name, password or other appropriate security code.
16. Representations and Warranties
You represent and warrant to us that:
(1) You are at least eighteen (18) years of age (Yourself Account);
(2) You are at least eighteen (18) years of age and taking responsibility and liability for a person between the age of Thirteen (13) to Seventeen (17) years of age using our Services;
(3) You are at least Twenty-One (21) years of age and taking responsibility and liability for a person Twelve (12) years of age and under using our Services;
(4) You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms;
(5) You Certify that any information you provide in connection with the Services, including your Name, Business Name, and associated information is accurate and truthfully represents you and the person you are taking responsibility and liability on behalf of;
(6) You and all transactions initiated by you or the person in which you have took responsibility and liability thereof will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”);
(7) You and the person you have took responsibility and liability for will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services, our subsidiaries, affiliates, and successors;
(8) Your and the person you have took responsibility and liability thereof use of the Services will be in compliance with these Terms.
17. No Warranties
The use in Section 1.17 AND Section 1.18 means "Jeffery G. Douglas or Crystal A. Douglas" and our subsidiaries, affiliates, and successors, our Processors, our Supplier’s, and any Licensors their Respective Subsidiaries, Affiliates, Agents, Directors, and Employees.
The Services are provided “AS IS” without representation or warranty, whether it is express, implied, or statutory without limiting the foregoing. We and our subsidiaries, affiliates, and successors, specifically Disclaims any implied warranties of Merchantability, Fitness for particular purpose or non-infringement.
We and our subsidiaries, affiliates, and successors Do Not Warrant or Guarantee that the services are accurate, reliable or correct. That the Services will meet your requirements or expectation, that the Services will be available at any particular time or location, Uninterrupted, error-Free, without defect or secure, that any defects or errors will be corrected or that the Services are free of viruses or other Harmful Components
We and our subsidiaries, affiliates, and successors Do Not warrant, endorse, Guarantee, or assume responsibility for any product or service advertised or offered by a third party. We, our subsidiaries, affiliates, and successors, VistaPrint.com, PayPal, Square, or Third-Party do not have control of, or liability for, goods or services that are paid for using the Services.
18. Limitations of Liability and Damages
To the Maximum extent permitted by applicable laws, In no event will we be liable for any Direct, Indirect, Punitive, Incidental, Special, Consequential or Exemplary Damages, including without limitation damages for loss of Profits, Goodwill, Use, Data, or other likewise Intangible Damages or other notable losses that result from the use of, inability to use, or unavailability of the Services. In all cases, "Crystal A. Douglas or Jeffery G. Douglas" and any subsidiaries, affiliates, and successors used will not be liable for any loss or damages that is not reasonably foreseeable.
Under No Circumstances will "Jeffery G. Douglas or Crystal A. Douglas" be responsible for any damage, loss, injury or liability resulting from Hacking, Tampering, or other unauthorized Access, the use of the services, your Account or the information contained therein from such Hacking,
Under No Circumstances will " Crystal A. Douglas or Jeffery G. Douglas" be responsible for subsidiaries, affiliates, successors and Third-Party used by you or in connection with Your Account or Services of any damage, loss, injury or liability resulting from Hacking, Tampering, or other unauthorized Access, the use of the services, your Account or the information contained therein from such Hacking of those subsidiaries, affiliates, successors and Third-Party. To the Maximum extent permitted by Applicable Law, the total liability of "Jeffery G. Douglas or Crystal A. Douglas" is limited to the Greater of:
(1) Amount of Fees earned by us in connection with your use of the Services during a Three (3) month period immediately preceding the event giving rise to the claim for liability, or
(2) $500.00;
(3) You agree under this term to Sequel Payments
This Limitation of Liability applies whether the alleged liability is based on Contract, Tort, Negligence, Strict Liability, or any other basis thereof, including but not limited to the Even that "Jeffery G. Douglas or Crystal A. Douglas" has been advised of the possibility of such damage.
The foregoing Limitation of Liability “WILL APPLY” to the fullest extent permitted by law in the applicable jurisdiction, Respectfully, Jackson, Madison County, Tennessee and your use of services and accounts constitute your agreement to such jurisdiction thereof.
19. Third Party Products
All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer who is solely responsible for service and support for its product. Therefore, for service, support, or warranty assistance, you are required to contact the manufacturer or that provider directly.
"Crystal A. Douglas or Jeffery G. Douglas" and subsidiaries, affiliates, successors and Third-Party makes no representation or warranties, express or implied with respect to such Third-Party Products, Services, Representation, Warranty, Condition of Merchantability, Non-Infringements or Fitness for a particular purpose.
20. Disputes
“Disputes” are defined as any claim, controversy, or dispute between you and Our Office, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
21. Binding Individual Arbitration
You and Our Office agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can, so long as, the Abitration "Does Not" involve a Third Party dispute.
Any arbitration under these General Terms will only be on an Individual Basis, Class Arbitrators, Class Actions, Representative Actions and Consolidation with other arbitrators are not permitted. Therefore, you wave any right to have your case decided by a jury and you waive any right to participate in a Class Action against "Jeffery G. Douglas or Crystal A. Douglas"
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced and in no case will there be a class or representative arbitration.
All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association in according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms or any aspect thereof are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your Jackson Madison County, Tennessee small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where "Crystal A. Douglas or Jeffery G. Douglas" reside. Otherwise, any arbitration hearing will occur at the Direction of Arbitrator, or another mutually agreeable location.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim.
An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. "Jeffery G. Douglas or Crystal A. Douglas" will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $2,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to, i.e. attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous.
For purposes of this arbitration provision, references to you and "Jeffery G. Douglas or Crystal A. Douglas" also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings other than small claims actions in consumer cases as discussed above will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Jackson, Madison County, Tennessee, or federal court for the Western District of Tennessee.
22. Governing Law
These General Terms and any Dispute will be governed by Tennessee law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
23. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute, where appetible by Tennessee Law, must commence within Ninety-Days (90) after the cause of action accrues. Otherwise you agree to waive such rights to claim.
24. Assignment
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void. In addition, may subject your account to Closer.
25. Third Party Services
You may be offered services, products and promotions provided by third parties and not by "Jeffery G. Douglas or Crystal A. Douglas", including, but not limited to, third party developers who Provide "Jeffery G. Douglas or Crystal A. Douglas" services (“Third Party Services”) on your behalf. This includes your agreement to Assistance Application Submission that Jeffery G. Douglas may apply, on your behalf, for additional help or services with a third party without direct notice or contact or direct approval under the E-Signature Agreement. If you decide to use Third Party Services, you will be solely responsible for reviewing and understanding the terms and conditions set fourth y those services, the cancelation of such service and any other applicant requirements by such third patry. You futher disclaim and hold harmless, Jeffery G. Douglas of any liabilty arising out of the performance or lack preformance thereof by any Third-Party Services you elected to use.
You Further, agree to resolve all disputes or disagreement between you and the third party regarding the preformance of any Third-Party Services directly in accordance with those terms and conditions of that relationship, and not "Crystal A. Douglas or Jeffery G. Douglas". The Services may contain links to third party websites and the inclusion of any website link does not imply an approval, endorsement, or recommendation by "Jeffery G. Douglas or Crystal A. Douglas" and third-party websites are not governed by these General Terms. You access any such website at your own risk and We expressly disclaim any liability for these websites. When you use a provided link to go from website to a third-party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third-party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
26. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and "Jeffery G. Douglas or Crystal A. Douglas" regarding the Services. In the event of a conflict between these General Terms and any other agreement or Policy, these General Terms will prevail and control the subject matter of such conflict.
If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
Information for Law Enforcement and Other Government Agencies
These guidelines are for law enforcement and other government agencies seeking records from "Crystal A. Douglas or Jeffery G. Douglas." Requests For User Information
In accordance with our Privacy Policy and Terms , non-public information about you is not released except as lawfully required by appropriate legal process such as a valid subpoena, search warrant, court order, or other valid legal process etc.
Upon receipt of appropriate legal process, we will search for and disclose data and information that is specified and which we are reasonably able to locate and retrieve. We are unable to process overly broad or vague requests. Please include as much specific information as possible that would identify the relevant accounts and transactions
Contact Information for Law Enforcement
Law enforcement and other government agencies May Submit Request in writing or by using our Request Form Please note that acceptance of legal process by any of these means is for convenience and does not waive any objections, including, but not limited to, lack of jurisdiction or proper service.
Important note:
"Jeffery G. Douglas or Crystal A. Douglas" will not respond to correspondence sent by non-law enforcement or non-government agencies to the addresses above.
These terms apply to you if you use our payment processing services such as those described on our Payment Processing Notice
If you have made a purchase from a business that uses Square, PayPal and/or received a digital receipt via PayPal Privacy Policy or Square Privacy Policy.
By using "Jeffery G. Douglas or Crystal A. Douglas," PayPal, Square, Inc. and Square Capital, LLC (“Square,” “we,” “our,” or “us”) payment processing services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services as defined herein.
If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms.
Payment Services may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.
27. Electronic Signature (E-Sign) Agreement
Jeffery G. Douglas, Crystal A. Douglas, affiliates and third party service affiliates ("PayPal, Square, VistaPrint.com etc.”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services. Your agreement that this E-sign Agreement confirms your ability and consent to receive Communications electronically from Jeffery G. Douglas, Crystal A. Douglas, PayPal, Square, affiliates, and third party service affiliates, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services. 1. Electronic Delivery of Communications and Use of Electronic Signatures Under this Consent, Jeffery G. Douglas, Crystal A. Douglas, affiliates third party service affiliates PayPal, Square, VistaPrint.com, or PayPal may provide all Communications electronically by email, by text message, or by making them accessible via their websites or applications. Communications include, but are not limited to, (1) Agreements and policies required to use the Services (e.g. this Consent, and to our Affiliates Agreements), (2) Payment authorizations and transaction receipts or confirmations, (3) Account statements and history, (4) All federal and state tax statements and documents. We may also use electronic signatures and obtain them from you. 2. System Requirements To access and retain the electronic Communications, you will need the following: (1) A computer or mobile device with Internet or mobile connectivity; (2) For desktop website-based Communications; (3) Recent web browser that includes 256-bit encryption; (4) The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and (5) Minimum recommended browser standards are the most recent versions of: Mozilla Firefox <> Apple Safari <> Google Chrome (6) For application-based Communications; (1) A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and (2) The most recent versions are Apple Safari <> Google Chrome iOS <> Android OS (7) Access to the email address used to create an account for PayPal Service, Square Services or Jeffery G Douglas Services Or Crystal A. Douglas Services. (8) Sufficient storage space to save Communications and/or a printer to print them. (9) If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add noreply@messaging.payapl.com or/and noreply@messaging.squareup.com to your email address book for PayPal, or Square, and you may also have to add Emails used by Webs,com, Jeffery G. Douglas or Crystal A. Douglas. You may need to check you Spam Folder if you're not receiving your e-mails
3. Paper Delivery of Communications (1) You have the right to receive Communications in paper form from PayPal or Square, Inc. To request a paper copy of any Communication at no charge, please write to: Square, Inc., PayPal Attn: Customer Support - Legal Attn Customer Support - Legal 1455 Market Street, Ste 600, 2211 North First Street San Francisco, California 94103 San Jose, California 95131 within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. ( 2) You have the right to receive Communications in paper form Jeffery G. Douglas or Crystal A. Douglas. To request a paper copy of any Communication at no charge, Customer Support within 60 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. 4. Withdrawal of Consent to Electronic Communications You may withdraw your consent to receive Electronic Communications at any time, by writing to the PayPal, or Square, Address Above and Jeffery G. Douglas or Crystal A. Douglas at Customer Support. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and PayPal, or Square, Jeffery G. Douglas or Crystal A. Douglas will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).
5. Updating Your Email Address (1) To change your change email address with Square by writing to Square, Inc., PayPal Attn: Customer Support - E-Mail Attn: Customer Support - E-Mail 1455 Market Street, Ste 600, 2211 North First Street San Francisco, California 94103 San Jose, California 95131 (2) To change your E-Mail Address with Jeffery G. Douglas or Crystal A. Douglas; Included the Name & Address on the account & account number if available by writing to: Infroamtion Change Notice P. O. Box 93 Jackson, TN. 38301
Jeffery G. Douglas, Crystal A. Douglas, affiliates and third party service affiliates ("PayPal, Square, VistaPrint.com etc.”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our Services. Your agreement that this E-sign Agreement confirms your ability and consent to receive Communications electronically from Jeffery G. Douglas, Crystal A. Douglas, PayPal, Square, affiliates, and third party service affiliates, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services. 1. Electronic Delivery of Communications and Use of Electronic Signatures Under this Consent, Jeffery G. Douglas, Crystal A. Douglas, affiliates third party service affiliates PayPal, Square, VistaPrint.com, or PayPal may provide all Communications electronically by email, by text message, or by making them accessible via their websites or applications. Communications include, but are not limited to, (1) Agreements and policies required to use the Services (e.g. this Consent, and to our Affiliates Agreements), (2) Payment authorizations and transaction receipts or confirmations, (3) Account statements and history, (4) All federal and state tax statements and documents. We may also use electronic signatures and obtain them from you. 2. System Requirements To access and retain the electronic Communications, you will need the following: (1) A computer or mobile device with Internet or mobile connectivity; (2) For desktop website-based Communications; (3) Recent web browser that includes 256-bit encryption; (4) The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and (5) Minimum recommended browser standards are the most recent versions of: Mozilla Firefox <> Apple Safari <> Google Chrome (6) For application-based Communications; (1) A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and (2) The most recent versions are Apple Safari <> Google Chrome iOS <> Android OS (7) Access to the email address used to create an account for PayPal Service, Square Services or Jeffery G Douglas Services Or Crystal A. Douglas Services. (8) Sufficient storage space to save Communications and/or a printer to print them. (9) If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add noreply@messaging.payapl.com or/and noreply@messaging.squareup.com to your email address book for PayPal, or Square, and you may also have to add Emails used by Webs,com, Jeffery G. Douglas or Crystal A. Douglas. You may need to check you Spam Folder if you're not receiving your e-mails
3. Paper Delivery of Communications (1) You have the right to receive Communications in paper form from PayPal or Square, Inc. To request a paper copy of any Communication at no charge, please write to: Square, Inc., PayPal Attn: Customer Support - Legal Attn Customer Support - Legal 1455 Market Street, Ste 600, 2211 North First Street San Francisco, California 94103 San Jose, California 95131 within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. ( 2) You have the right to receive Communications in paper form Jeffery G. Douglas or Crystal A. Douglas. To request a paper copy of any Communication at no charge, Customer Support within 60 days of the date of the Disclosure, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. 4. Withdrawal of Consent to Electronic Communications You may withdraw your consent to receive Electronic Communications at any time, by writing to the PayPal, or Square, Address Above and Jeffery G. Douglas or Crystal A. Douglas at Customer Support. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and PayPal, or Square, Jeffery G. Douglas or Crystal A. Douglas will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).
5. Updating Your Email Address (1) To change your change email address with Square by writing to Square, Inc., PayPal Attn: Customer Support - E-Mail Attn: Customer Support - E-Mail 1455 Market Street, Ste 600, 2211 North First Street San Francisco, California 94103 San Jose, California 95131 (2) To change your E-Mail Address with Jeffery G. Douglas or Crystal A. Douglas; Included the Name & Address on the account & account number if available by writing to: Infroamtion Change Notice P. O. Box 93 Jackson, TN. 38301
28. Signing & Submitting Application
1. Submiting Applaication By selecting to "Submit Application," you are Signing and Agreement electronically.2. Electronic Signature You agree that your Electronic Signature is the legal equivalent of your "manual signature" on the Document.3. Consent & Binding By submitting application, you consent to be legally bound by the "These Terms" in addition to the all other Terms and Conditions set fourth thereof.
4. Act/Action You agree that your use of a key pad, mouse or other device to an item, button, icon or similar act/action, or to otherwise provide Jeffery G. Douglas or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature here after referred to as "E-Signature"), acceptance and agreement as if signed directly by you in writing.
5. Certification Authority You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Jeffery G. Douglas6. Authorized You represent that you are authorized to enter into the Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of the Agreement.7. Use of Your E-Signature You agree that each use of your E-Signature in obtaining from Jeffery G. Douglas Online service constitutes your agreement to be bound by "These Terms" in addition to the Terms and Conditions thereof
8. Signing the Application Electronically You are signing the Application Electronically (E-Signature) and Agree that your electronic signature (E-Signature) is the legal equivalent of your manual signature of the Document.
9. Acknowledge and Agree You Acknowledge and Agree that the form may be printed for use or otherwise used as necessary as a Original Signed Document.
10. Submitted For Use When submitted for use, You have digitally signing (E-Signature) the document, and you affirm that the information you provided is true and accurate to the best of you knowledge.
11. Understand and Agree You understand and agree that providing false information could subject you to fine, imprisonment, or both under Title 18 U. S. Code, Section 1001 12. Acknowledgement You acknowledge that you have read, understand and agree to all Users Notice, Terms and Conditions herein and incorporated thereof in conjunction to E-Signature Agreement