ONLINE PAYMENT TRANSACTIONS - TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Global Payments Gaming Services, Inc. (Global Payments) provides the Services (described in Paragraph 2 below) to you subject to the following Terms of Service (TOS), which may be updated by Global Payments from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provisions of this TOS. In addition, when using particular Services, you shall be subject to any guidelines or rules, posted by Global Payments or its Service Providers, applicable to such Services, which may be posted and modified from time to time.
2. SERVICE DESCRIPTION AND AUTHORIZATION
GPGS, as a service provider for Global Payments, assists gaming establishments with check cashing, ACH and associated risk management through its VIP Preferred Network. When you enroll in the VIP Preferred Network, you will provide routing and account detail for the deposit accounts at the financial institutions that will be the sources of your check-writing or ACH transfers during your participation in the program. As a participant in the VIP Preferred Network, you will be able to write checks or initiate ACH transfers. You will be assigned a seven-day revolving check cashing limit to be available within the Global Payments VIP Preferred Network. Your privileges will be honored as long as you do not exceed your assigned limit and your account remains in good standing. Each check or ACH transfer you cash will be considered an “open item”. Each open item will be deducted from your available limit. After a seven-day period, the dollar amount of each transaction that clears the bank will be added back to your available limit for future use.
Neither Global Payments nor GPGS is a check casher, and enrollment in the VIP Preferred Network does not mean you have been granted a line of credit. You understand that each individual check or ACH transfer request must be authorized and accepted by your financial institution where the deposit account is held. In addition, you authorize GPGS, as a service provider for Global Payments, to obtain information from your consumer report at a consumer reporting agency. GPGS, on behalf of Global Payments will use this information in evaluating your eligibility to participate in the VIP Preferred Network. GPGS reserves the right to deny any check or ACH transaction if all approval criteria are not met. GPGS will perform periodic reviews of your check cashing history and consumer report information to evaluate your participation in the VIP Preferred Network. You hereby authorize such periodic reviews and evaluations, and you understand that such review may result in an increase or decrease in the dollar amount you are allowed for writing checks or initiating ACH transfers, or a revocation of your check cashing privileges at gaming establishments that participate in the VIP Preferred Network.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the services provided by GPGS, on behalf of Global Payments, under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the GPGS Services registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. PRIVACY POLICIES
5. MODIFICATIONS TO THE SERVICES
GPGS, on behalf of Global Payments, reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that neither Global Payments nor GPGS shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
6. ACH AUTHORIZATION
You authorize GPGS to initiate debit and credit entries to the checking accounts at the depository financial institutions for which you have provided information. The debit for a transaction can post at your financial institutions within 24 hours from the time you initiate a transaction. You further authorize all transactions at any gaming establishments that participate in the VIP Preferred Network to be debited from any of your designated checking accounts. Your authorization will remain in effect until GPGS has received written notification by you of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by your financial institutions are subject to a returned check fee of $15 or the maximum amount allowed by state law which also may be debited electronically from any of your accounts or collected using a bank draft drawn from any of your accounts.
You may terminate your participation in the VIP Preferred Network, and access to the services by submitting such termination request to GPGS. Our contact information is provided below in order to perform a termination request: Global Payments Gaming Services, Inc., Attention: Risk Management, P.O. Box 59371, Chicago, IL 60659, 1-800-500-1973. You agree that Global Payments or GPGS may, with or without prior notice, immediately terminate, limit your access to or suspend your account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions shall be made pursuant to Global Payments’ and its Service Providers’ discretion and that neither Global Payments’ and GPGS’s discretion and that neither Global Payments nor GPGS shall be liable to you or any third party for any termination of your participation in the VIP Preferred Program or access to the Services. Termination includes but is not limited to any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content (or any part thereof) associated with your participation in the VIP Preferred Program, and (c) barring of further use of all or part of the Services.
8. LIMITATION OF LIABILITY
You expressly understand and agree that global payments and gpgs and their subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, under any cause of action or theory of liability (including negligence), and whether or not global payments or gpgs have been advised of the possibility of such damage, resulting from: (a) the use or the inability to use the gpgs service; (b) the cost of procurement of substitute goods and services; or (c) unauthorized access to alteration of your transmissions or data; (d) statements or conduct of any third party on the services; or (e) any other matter relating to the service.
Any dispute arising out of or relating to the TOS or the Services, regarding Global Payments or GPGS or any affiliate, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the state of Florida. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of the TOS or the Services shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
NOTICE Global Payments or GPGS may provide you with notices, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. You further expressly authorize Global Payments, GPGS and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.