Effective Date: April 13, 2022
Welcome to PickleJar!
This User Agreement (this “Agreement”) is a contract between
you and PickleJar Holdings, Inc. and its affiliates (“PickleJar”,
“we”, or “us”) governing your use of your PickleJar account and products and services
(the “Services”).
1.
You must be in the United States or
its territories, Canada, or the United Kingdom (the “Territories”) and have a
bank account based in one (1) of the Territories to use the Services.
2.
You agree to comply with all the
terms and conditions in this Agreement.
3.
The terms include:
a.
An agreement to resolve disputes by
arbitration on an individual basis.
b.
You also agree to comply with the
following additional policies and each of the other agreements posted on www.legal.picklejar.com that apply to you:
iii. Consent to Receive Electronic Disclosures
iv. Approved Artist Account Addendum
We reserve the right to revise this Agreement and any of the
policies listed above from time to time without notice, subject to applicable
law. The revised version will be effective at the time of posting. If our
changes reduce your rights or increase your responsibilities, we will provide
notice to you within twenty-one (21) days.
By continuing to use our services after any changes posted to
this Agreement or policy, they become effective immediately, and you agree to
abide and be bound by those changes. If you do not agree with any changes to
this Agreement or policy, you may close your account.
Opening a PickleJar Account
We offer accounts for three (3) types of purposes:
1.
Fan accounts;
2.
Artist accounts; and
3.
Association accounts.
You may only have one (1) Fan account. To create a Fan account:
1.
You must be a resident of one (1) of
the Territories;
2.
You must be at least eighteen (18)
years old or the age of majority in your state/Territory of residence; and
3.
You must use a mobile/wireless
telephone number that you own.
Your PickleJar account is a Fan account unless you have
received our express written approval to open an Artist or Association account.
In
addition to this Agreement, Artist accounts are also subject to the Approved
Artist Account Addendum.
Fan accounts let you do things like:
• Send tips to Artists;
• Contribute directly to non-profit
organizations; and
• Buy items through the PickleJar
merch store, authorized partner marketplace, or
Artist profile.
We may also offer you the ability to set up an Artist profile (@stagename)
associated with your Fan account, which you can use to receive payments for
tips and merchandise. This feature is offered at our sole discretion and may
not be available to all users.
Except for commercial transactions expressly authorized by PickleJar, for
example, transactions with authorized merchants or Artist and Association
profiles, Fan accounts may not be used to conduct business, commercial, or
merchant transactions with other Fan accounts, which includes paying or accepting
payment from other personal accounts held by users you do not personally know
for goods or services (for example, concert tickets, electronic equipment,
sneakers, a watch, or other merchandise). If you plan to use your PickleJar
account to sell goods or services, you must have an approved Artist account or
an Association profile.
Keep all credentials you use to access your PickleJar account secure and
confidential. You must keep your phone number, email address, and other contact
information current in your account profile.
Setting up an Artist or Association Profile
PickleJar may offer you the ability
to create Artist profiles in addition to your Fan profile in your account. To
be eligible, you must be a Fan with a PickleJar account in good standing and
complete any required application process, including verification of the
required identifying information. Using an Artist profile, you can receive
payments for the sale of goods and services that do not violate the Acceptable
Use Policy or any other terms between you and PickleJar. As an Artist profile
is part of your PickleJar account, any and all terms
applicable to your Fan account will also govern the Artist profile, unless
otherwise specifically stated.
Artist profiles are for use only by an individual/sole proprietor
(partnerships, LLCs, corporations or other business
entities must apply for an Association account and cannot use Artist profiles).
Artist profiles are subject to our approval at our sole discretion, and such
approval may be revoked at any time at our sole discretion.
We may restrict the use of your Artist/Association profile and your Fan account
if the activity through your Artist/Association profile reaches certain
thresholds, involves certain activities or violates
any terms between you and PickleJar. In addition, if your Artist profile meets
certain transaction thresholds, we may require you to provide additional
information and documentation to us from time to time for tax reporting or
other reasons (for example, to verify your Artist or Association activities or
resolve claims or disputes), and we may suspend or place limits on your account
until we receive the requested information and documentation.
The information you use to complete your Artist/Association profile must be
accurate, and any descriptions, pictures or other content associated with your
profile must be owned by you and comply with our Content Standards.
Closing Your PickleJar Account
You may close your account and terminate your relationship with us without
cost, but you will remain liable for all obligations related to your PickleJar
account even after the PickleJar account is closed. Any incomplete transactions
or transfers must be completed or canceled, and you must transfer any money
from any Fan, Artist, or Association profiles of your PickleJar account before
closing it.
In certain cases, you may not close your PickleJar account, including:
• To evade an investigation;
• If you have a pending transaction or an open dispute or claim;
• If you owe amounts to PickleJar; or
• If your PickleJar account is subject to a hold, limitation or reserve.
If your PickleJar account is closed for any reason, any Fan, Artist, or
Association profile and will also be canceled.
Link or Unlink a Payment Method
You can link or unlink a debit card, credit card, or bank account to your
PickleJar account as a payment method. Please keep your payment method
information current (e.g., credit card number(s), expiration date(s), and ZIP/Postal
Code). If this information changes, we may update it using information and
third-party sources available to us without any action on your part. If you do
not want us to update your card information, you may contact your issuer to
request this or remove your payment method from your PickleJar account.
Money Sent to You on PickleJar
To hold a PickleJar balance and use money sent to you for PickleJar
payments to other users or authorized merchants, we must verify the required
identifying information you provide to us. The required identifying information
is name, physical address, date of birth, account ZIP/Postal Code and social
security or taxpayer identification number.
Any money sent to you on PickleJar represents an unsecured claim against us and
is not insured by the Federal Deposit Insurance Corporation (FDIC). We combine
your money with the money of other PickleJar users and hold it in a custodial
account for the benefit of our account holders. We may invest the money in
liquid investments in accordance with state money transmitter laws. We own the
interest or other earnings on these investments. However, the claim against us
represented by this money is not secured by these investments and you do not
have any ownership interest (either legal or beneficial) in these investments.
These pooled amounts are held apart from our corporate funds, and we will
neither use these amounts for our operating expenses or any other corporate
purposes nor will we voluntarily make these amounts available to our creditors
in the event of bankruptcy.
Adding Money to and Transferring Money out of Your PickleJar Account
Adding Money
If we have verified the required identifying information that you provide
to us, PickleJar may offer you the ability to add money to your PickleJar
balance from a linked bank account. Otherwise, you cannot add money. Remember,
you may use the payment methods linked to your PickleJar account to fund
transactions and you don’t need a PickleJar balance to send money or buy
something using your PickleJar account.
Transferring money out of PickleJar
Money in your PickleJar account may be transferred out of PickleJar by:
• Manually transferring it to a bank account linked to your PickleJar account;
or
• Transferring it via Instant Transfer to an eligible debit card or bank
account linked to your PickleJar account in the Stripe dashboard, subject to
the fees applicable to such transfers.
• All tips are subject to flat rate fees based on the value of your tip per
transaction.
o $1-$4 = $0.35 fee
o $5-$19 = $0.70 fee
o $20+ = $0.99 fee per each $20
You can manage linked payment methods in the Payment Methods section of your
PickleJar account settings. Based on your transaction history our processing
partner, Stripe Connect, will adjust your instant payout maximum. This can be
found on the Stripe dashboard accessible through the “Cash Out” section of the
app. The fees applicable to transferring money out of PickleJar can be found in
the Fees section above. Fees and limits may change from time to time, at our
sole discretion.
Bank Transfer Reviews
We review account and transaction activity at various times, including when
bank transfers are initiated. This review checks for, among other things,
suspicious or illegal activity, and whether your account activity and the
activity of users with whom you’ve transacted comply with this Agreement. In
connection with our review process, you may be required to provide us with
additional information and/or documentation to verify your identity. We may
limit your account and your access to money in it or that is sent to you until
verification is completed.
Reviews may result in:
• delayed, blocked or cancelled transfers;
• money or payments being held by us;
• money or payments being applied to amounts you owe to us or used to offset
losses incurred by us;
• account limitation, suspension or termination;
• money or payments being seized to comply with a court order, warrant or other
legal process; and/or
• money or payments you previously received being reversed (i.e., sent back to
the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or
unknowingly were a participant in a payment that was made from a stolen card,
compromised bank account, or compromised PickleJar account, or if you were a
participant in a transaction for goods and services between two personal
accounts.
PICKLEJAR SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO
NOT USE PICKLEJAR TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT
INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS PICKLEJAR EXPRESSLY
AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH
AN AUTHORIZED MERCHANT OR ARTIST PROFILE, PAYING OR RECEIVING PAYMENT FOR A
GOOD OR A SERVICE IS PROHIBITED. IF YOU USE PICKLEJAR TO CONDUCT SUCH A
TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS
DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A
COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING
GOODS OR SERVICES AND THE MONEY SENT FOR THEM.
Account Statements
You have the right to receive an account statement showing your PickleJar
account activity. You may view your PickleJar account statement by logging into
your PickleJar account on www.PickleJar.com.
Making Payments
You can send money to a PickleJar user using the Throwin’
Notes feature in your PickleJar account.
Taxes and Information Reporting for Artist profiles
Our fees do not include any taxes, levies, duties
or similar governmental assessments of any nature, including, for example,
value-added, sales, use or withholding taxes, that may be assessed by any
jurisdiction (collectively, “Taxes”). It is your responsibility to determine
what, if any, Taxes apply to the payments you make or receive, including
transactions through your Artist profile, and it is solely your responsibility
to assess,
collect, report and remit the correct Taxes to the
appropriate authority. PickleJar is not responsible for determining whether any
Taxes apply to your transaction, or for calculating, collecting, reporting, or
remitting Taxes arising from any transaction.
You acknowledge that we may make certain reports to state and federal tax
authorities regarding transactions that we process.
Fees and Limits
We may, at our discretion, impose limits on the amount and/or the number of
payments you can send and receive. The fees applicable to receiving, withdrawing,
and sending money can be found in the Fees section. If you use your credit card
as the payment method when sending money, you may also be charged a
cash-advance fee by your card issuer.
In order to manage risk, we may limit the daily,
weekly, and monthly aggregate payment methods available when you make a
payment. Fees and limits may change from time to time at our sole discretion.
Sharing Transactions
We put you in control so that you
can decide who can see your PickleJar Notes and purchases. Notes thrown by new
PickleJar accounts may be seen by tipped Artist by default. You can change your
privacy settings for individual payments or in the Privacy section of your
PickleJar account settings to Throw Notes anonymously, your Note will appear in
the Artist’s Go Live Notes feed as “Anonymous” with an orange dot where the Fan
profile picture would normally appear.
Debit and Credit Card Processing
PickleJar will process your debit or
credit card-funded transactions through Stripe Connect.
Forged or Unauthorized Transactions
You have a duty to safeguard access to your PickleJar
account (including all credit card, debit card, and bank accounts), account
information, account security codes, passwords, personal identification
numbers, and personal identification. You agree to report any lost or stolen
credit or debit cards or any unauthorized transaction(s) on your account
immediately upon discovery to PickleJar. If you permit any person to have
access to any credit card, debit card, or bank account used within PickleJar
and not reported as lost, stolen, or compromised it shall
be deemed as negligence under this Agreement and PickleJar will not be
responsible for any fraudulent or family use, and disputes by financial
institutions for misuse, or unrecognized use.
Refunds, Reversals, and Chargebacks:
1.
Payments that are invalidated and
reversed,
2.
Payments may be invalidated and
reversed by PickleJar if, among other reasons:
a.
We sent the payment to you in error;
b.
The funding transaction is declined
or reversed;
c.
The payment was unauthorized or
unfunded; or
d.
If the payment was for activities
that violated this Agreement or any other agreement with us.
As the sender or recipient of a payment that is later
invalidated for any reason, you may be liable to us for the full amount of the payment:
1.
We may recover the amount of the
payment (plus any fees) from you.
2.
We may recover the amount of the
payment from either the sender or the recipient of an invalidated payment at our
discretion (subject to applicable law).
a.
For example, if you send a payment
funded by a bank account and the bank informs us it cannot cover the payment
due to insufficient funds; or
b.
In a dispute, we may hold you liable
for the payment, or if you were the recipient of that payment, we may reverse
that payment from your account to cover the liability.
3.
When recovering the amount of an
invalidated payment from you, we may apply any money sent to you on PickleJar,
request that you add money to your account for the payment, and apply that
money to amounts owed, and/or we may:
a.
Engage in collection efforts to
recover such amounts from you.
b.
We invalidate a payment because the
card issuer or originating bank declined or
reversed the transaction, then you may be liable for the payment even if
you disagree with the decision of the card
issuer or originating bank to decline
or reverse the payment.
c.
If you believe that a payment
initiated with your PickleJar account was not authorized, then you must notify us
immediately, even if you (or someone else) dispute the transaction with the
card issuer or originating bank.
Please see the Reporting an Unauthorized Transaction section
for information on how to notify us. If you fail to
report the unauthorized activity directly to PickleJar, then we may recover the
amount of the reversed payment from you, as described above.
Refunds for Transactions Through Artist Profiles
When you buy something from a seller that has an Artist profile on PickleJar
and the transaction is refunded, the money will be sent back to you. Money may
not always be refunded to the payment method originally used.
If you receive a payment through an Artist profile for selling goods and
services and that payment is later refunded or invalidated for any reason, you
are responsible for the full amount of the payment sent to you plus any fees
(including any applicable chargeback fees below).
The amount of the refund will be deducted from your Artist profile. If the
balance in your Artist profile does not cover the payment amount due, plus the
fees, this will result in a negative balance, which you owe to us. In that
situation, we may use any of the payment methods linked to your Artist profile
to cover the amount due. If the payment methods linked to your Artist profile
do not cover the amount due, you must immediately add funds to your balance to
resolve the negative balance. If you don’t, we will take any or all actions as
outlined under the Amounts Owed to Us section.
Chargeback Fees
If you receive a debit or credit card-funded payment in your Artist profile
and the buyer pursues a chargeback for the transaction with their card issuer,
we may assess a chargeback fee.
Restricted Activities
In connection with your use of our Websites and app, your PickleJar account, the Services, or in the course of your interactions with us, other customers, or third parties,
you must not:
• Breach this Agreement, the
Acceptable Use Policy, or any other agreement between you and us;
• Violate any law, statute, ordinance, or regulation (for example, those
governing financial services, consumer protections, unfair competition,
anti-discrimination or false advertising);
• Infringe our or any third party’s copyright, patent, trademark, trade secret,
or other intellectual property rights, or rights of publicity or privacy;
• If you have a personal account, use your PickleJar account to conduct transactions
for goods or services with other personal accounts, except as expressly
authorized by PickleJar (e.g., for purchases from authorized merchants or an
Artist profile).
• Create or control more than one (1) Fan account for yourself without our
express authorization, though, among other methods, using a name that is not
yours, using a temporary email address or phone number, or providing any other
falsified personal information;
• Act in a manner that is defamatory, trade libelous, threatening or harassing;
• Provide false, inaccurate or misleading information;
• Send or receive what we reasonably believe to be potentially fraudulent money
or payments for advertising, marketing, or otherwise on an unsolicited and
unauthorized basis;
• Refuse to cooperate in an investigation or provide confirmation of your
identity or any information you provide to us;
• Attempt to double dip during the course of a dispute by receiving or
attempting to receive money from both PickleJar and the recipient of a payment,
bank or card issuer for the same transaction;
• Control an account that is linked to another PickleJar account that has
engaged in any of these restricted activities;
• Use the Services in a manner that results in or may result in:
o complaints;
o
disputes; claims, reversals, chargebacks;
o
fees, fines, penalties or other liability or losses to PickleJar, other
customers,
third parties or
you;
• Use your PickleJar account or the Services in a manner that we, Visa,
Mastercard, American Express, Discover or any other electronic funds transfer (EFT)
network reasonably believes to be an abuse of the card system or a violation of
card association or network rules, or for the purpose of earning rewards,
perks, miles, points, etc. with your credit card, debit card, or bank account;
• Have any amounts owed to us;
• Provide yourself a cash advance from your credit card (or help others to do
so);
• Take any action that imposes an unreasonable or disproportionately large load
on our websites, software, systems (including any networks and servers used to
provide any of the Services) operated by us or on our behalf or the Services;
• Facilitate any viruses, trojan horses, malware, worms or other computer
programming routines that attempts to or may damage, disrupt, corrupt, misuse,
detrimentally interfere with, surreptitiously intercept or expropriate, or gain
unauthorized access to any system, data, information or the Services;
• Use an anonymizing proxy; use any robot, spider, other automatic device, or
manual process to monitor or copy our websites without our prior written
permission; or use any device, software or routine to bypass our robot
exclusion headers;
• Interfere or disrupt or attempt to interfere with or disrupt our websites,
software, systems (including any networks and servers used to provide any of
the Services) operated by us or on our behalf, any of the Services or other
users’ use of any of the Services;
• Take any action that may cause us to lose any of the services from our
Internet service providers, payment processors, or other suppliers or service
providers;
• Use the Services to test credit card behaviors, or make excessive or
unexplainable transactions;
• Circumvent any of PickleJar’s policies or determinations about your PickleJar
account such as temporary or indefinite suspensions or other account holds,
limitations or restrictions, including, but not limited to, engaging in the
following actions: attempting to open new or additional PickleJar account(s)
when you have amounts owed to us or when your PickleJar account has been
restricted, suspended or otherwise limited; opening new or additional PickleJar
accounts using information that is not your own (e.g. name, address, email address,
etc.); or using someone else’s PickleJar account; or
• Harass and/or threaten PickleJar’s employees, agents, or other users.
Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, our customers and
others at any time at our sole discretion. The actions we make take include,
but are not limited to, the following:
• Terminate this Agreement, limit your PickleJar account, and/or close or
suspend your PickleJar account, immediately and without penalty to us;
• Refuse to provide the Services to you in the future;
• Limit your access to PickleJar’s Websites, software, systems (including any
networks and servers used to provide any of the Services) operated by us or on
our behalf, your PickleJar account or any of the Services, including limiting
your ability to pay or send money with any of the payment methods linked to
your PickleJar account, restricting your ability to send money or make bank
transfers;
• Hold money in your PickleJar account for up to one hundred and eighty (180)
days if reasonably needed to protect against the risk of liability or if you
have violated our Acceptable Use Policy;
• Update inaccurate information you provided us;
• Take legal action against you; or
• If you’ve violated our Acceptable Use Policy, then you’re also responsible
for damages to us caused by your violation of this policy.
If we close your PickleJar account or terminate your use of the Services for
any reason, we’ll provide you with notice of our actions and make any
unrestricted money held in your PickleJar account or that has been sent to you
available for bank transfers.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer,
or a third party caused by or arising out of your breach of this agreement,
and/or your use of the Services. For example, if you send a payment funded by
your bank account and your bank informs us you do not have sufficient funds to
cover the payment, you may be liable for the payment. Similarly, if you receive
a payment and the payment is disputed, you may be liable for the payment.
Holds and Limitations
What are holds and limitations? Under certain circumstances, to protect PickleJar
and the security and integrity of the network that uses the Services, PickleJar
may, at its sole discretion, take account-level or transaction-level actions. A
hold may be placed on your PickleJar account, including any associated Artist
profile.
Our decision about holds and limitations may be based on confidential criteria
that are essential to our management of risk and the protection of PickleJar,
our customers and/or service providers. We may use proprietary fraud and risk
modeling when assessing the risk associated with your PickleJar account. In
addition, we may be restricted by regulation or a governmental authority from disclosing
certain information to you about such decisions. We have no obligation to
disclose the details of our risk management or security procedures to you.
Holds
A hold is an action that PickleJar may take under certain circumstances
either at the transaction level or the account level. When PickleJar places a
temporary hold on a transaction, the money is not available to either the
sender or the recipient. PickleJar reviews many factors before placing a hold
on a transaction, including account tenure, transaction activity, and past
disputes.
Holds based on PickleJar risk decisions
We may place a hold on transactions involving your PickleJar account if, at our
sole discretion, we believe that there may be a high level of risk associated
with you, your PickleJar account, or your transactions or that placing such a
hold is necessary to comply with state or federal regulatory requirements. PickleJar
makes decisions about whether to place a hold based on several factors,
including information available to us from both internal sources and third
parties. Risk-based holds may remain in place for up to one hundred and eighty
(180) days from the date the transaction was made. PickleJar may release the
hold earlier under certain circumstances, but any earlier release is at PickleJar’s
sole discretion.
Account Limitations
Limitations may be placed on your account to help
protect PickleJar and its users when we notice restricted activities or
activity that appears to us as unusual or suspicious. Limitations also help us
collect information necessary for keeping your PickleJar account open.
There are several reasons why your PickleJar account could be limited,
including:
• If we suspect someone could be using your PickleJar account without your
knowledge, we’ll limit it for your protection and look into the unusual
activity;
• If another financial institution alerts us that someone has used one (1) of
your linked payment methods without permission;
• In order to comply with the law; or
• If we reasonably believe you have breached this agreement or violated the
Acceptable Use Policy or Content Standards.
You will need to resolve any issues with your account before a limitation can be
removed. Normally, this is done after you provide us with the information we
request. However, if we reasonably believe a risk still exists after you have
provided us that information, we may take action to protect us, our users, a
third party, or you from reversals, fees, fines, penalties, legal and/or
regulatory risks and any other liability.
Court Orders, Regulatory Requirements or Other Legal Process
If we are notified of a court order or other legal process (including
garnishment or any equivalent process) affecting you, or if we otherwise
believe we are required to do so in order to comply with applicable law or
regulatory requirements, we may be required to take certain actions, including
holding payments to/from your PickleJar account, placing a hold or limitation
on your PickleJar account, or releasing your funds. PickleJar will decide, at its
sole discretion, which action is required of us. We do not have an obligation
to contest or appeal any court order or legal process involving you or your PickleJar
account. When we implement a hold or limitation because of a court order,
applicable law, regulatory requirement or other legal process, the hold or
limitation may remain in place longer than one hundred and eighty (180) days.
Protection from Unauthorized Transactions
To protect yourself from unauthorized activity in your PickleJar account,
you should regularly log into your PickleJar account and review your PickleJar
account statement. We may notify you of each transaction by sending an email to
your primary email address on file and/or creating a notification in your feed,
depending on your preferences. You should review these transaction
notifications to ensure that each transaction was authorized and accurately
completed.
We will protect you from unauthorized activity in your PickleJar account. The
following terms and conditions apply with respect to all the Services. When the
below protection applies, we will cover you for the full amount of the
unauthorized activity as long as you cooperate with us
and follow the procedures described below.
What is an Unauthorized Transaction?
An “Unauthorized Transaction” occurs when money is sent from your PickleJar
account that you did not authorize and that did not benefit you. For example,
if someone steals your password, uses the password to access your PickleJar
account, and sends a payment from your PickleJar account, an Unauthorized
Transaction has occurred.
What is not considered an Unauthorized Transaction?
The following are NOT considered Unauthorized Transactions:
• If you give someone access to your PickleJar account (by giving them your
login information) and they use your PickleJar account without your knowledge
or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of
the actions described under Refunds, Reversals and Chargebacks.
Reporting an Unauthorized Transaction
If you believe your PickleJar login information has been lost, stolen or
compromised, contact customer service immediately by visiting the Support Center, emailing
[email protected], or
calling +1.888.972.7553, Monday thru Friday from 9:00 AM to 5:00 PM CT.
Tell us immediately if you believe that an EFT has been made without your
permission using your login information or by other means, or if your
PickleJar-activated mobile phone has been lost, stolen, or deactivated. You
could lose all the money in your PickleJar account. If you tell us within five
(5) days after we issue your PickleJar
account statement showing transfers you did not make, you will be eligible for
100% protection for Unauthorized Transactions.
Also, if your PickleJar account statement shows transfers that you did not
make, including those made with your PickleJar login information or by other
means, let us know immediately. If you do not tell us within five (5) days
after we issue the statement, you may not get back any money you lost after the
five (5) days if we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason (such as a long trip or
a hospital stay) kept you from telling us, we may extend the time periods, at
our sole discretion.
Filing a chargeback, dispute or reversal with your financial institution
related to a PickleJar payment does not constitute notice of an unauthorized transaction
to PickleJar. You must contact us directly to notify us of unauthorized transactions
by visiting the Support Center, emailing
[email protected], or
calling +1.888.972.7553, Monday thru Friday from 9:00 AM to 5:00 PM CT.
If you fail to report the
unauthorized activity directly to PickleJar, then we may recover the amount of
the reversed payment from you.
Error Resolution
What is an error?
An “error” means the following:
• When money is
either incorrectly taken from your PickleJar account or incorrectly placed into
your PickleJar account, or when a transaction is incorrectly recorded in your
PickleJar account;
• You send a payment and the incorrect amount is debited from your PickleJar
account;
• An incorrect amount is credited to your PickleJar account;
• A transaction is missing from or not properly identified in your PickleJar
account statement; or
• We make a computational or mathematical error related to your PickleJar
account.
What is not considered an error?
The following are NOT considered errors:
• If you give someone access to your PickleJar account (by giving them your
login information) and they use your PickleJar account without your knowledge
or permission. You are responsible for transactions made in this situation;
• Invalidation and reversal of a payment as a result of the actions described
under Refunds, Reversals and Chargebacks;
• You request a receipt or periodic statement documents that we are required to
provide to you;
• Routine inquiries about money in your PickleJar account or the status of a
pending transfer to or from your PickleJar account, unless you expressly notify
us of an error in connection with the transfer; or
• Requests for duplicate documentation or other information for tax or other record
keeping purposes.
In case of errors
or questions about your electronic transfers, contact customer service by
visiting the Support Center, emailing
[email protected], or
calling +1.888.972.7553, Monday thru Friday from 9:00 AM to 5:00 PM CT.
Notify us as soon as you can if you think your statement or
receipt is wrong or if you need more information about a transfer listed on the
statement or receipt. We must hear from you no later than five (5) days after
we issue the statement on which the problem or error appeared. Filing a
chargeback, dispute or reversal with your financial institution related to a
PickleJar payment does not constitute notice of an error to PickleJar. You must
contact us directly to notify us of errors. When you notify us:
•
Tell us your name and PickleJar handle;
• Describe the error or the transfer you are unsure about and explain as
clearly as you can why you believe it is an error or why you need more
information; and
• Tell us the dollar amount of the suspected error.
If you call us, we may require that you send us your
complaint or question in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after
we hear from you and will correct any error promptly. If we need more time,
however, we may take up to forty-five (45) days to investigate your complaint
or question. If we decide to do this, we will provisionally credit your
PickleJar account within ten (10) Business Days for the amount you think is in
error and will notify you within five (5) Business Days of the credit, so that
you will have the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we
do not receive it within ten (10) Business Days, we may not credit your
PickleJar account. We will tell you the results within
five (5) Business Days after completing our investigation.
• If
we determine that there was an error, we will promptly credit the full amount
of the error into your account within two (2) Business Days of our
determination. Or, if you have already received a provisional credit, you will
be allowed to retain the credited amount.
• If we decide that there was no error, we will send you a written explanation,
and, if you received a provisional credit, after giving you two (2) Business
Days advance notice of the date and amount of the debit, we will remove it from
your account. You may ask for copies of the documents that we used in our
investigation.
Processing Errors
We will rectify any processing error
that we discover. If the error results in:
• You receiving less than the correct amount to which you were entitled, then
we will credit your PickleJar account for the difference between what you
should have received and what you actually received.
• You receiving more than the correct amount to which you were entitled, then
we will debit your PickleJar account for the difference between what you
actually received and what you should have received.
• Our not completing a transaction on time or in the correct amount, then we
will be responsible to you for your losses or damages directly caused by this
failure, unless:
o through no fault of ours, you did not have enough available funds to complete
the transaction;
o our system was not working properly and you knew about the breakdown when you
started the transaction; or
o the error was due to extraordinary circumstances outside our control (such as
fire, flood or loss of Internet connection), despite our reasonable
precautions.
Processing errors are NOT:
• Delays that result from us applying holds or limitations;
• Delays based on a payment review or bank transfer review;
• Delays described under How to buy something related to the time it may take
for a purchase transaction to be completed in some situations; or
• Your errors in making a transaction (for example, mistyping an amount of
money that you are sending).
Communications Between Fans, Artists, and PickleJar
If you provide us your mobile phone number, you agree that PickleJar, including
its affiliates, may contact you at that number using auto-dialed or prerecorded
message calls or text messages to:
1.
Service your PickleJar-branded
accounts;
2.
Investigate or prevent fraud; or
3.
Collect a debt.
We
will not use autodialed or prerecorded message calls or texts to contact you
for marketing purposes unless we receive your prior express written consent. We
may share your mobile phone number with service providers with whom we contract
to assist us with the activities listed above, but we will not share your
mobile phone number with third parties for their own purposes without your
consent.
We may communicate with you about your PickleJar account
and the Services electronically as described in the Consent to Receive
Electronic Disclosures. You will be considered to have received a communication
from us, if it’s delivered electronically, twenty-four (24) hours after the
time we post it to our Websites or email it to you.
You will be considered to have received a communication from us, if it’s
delivered by mail, three (3) Business Days after we send it.
Unless you’re communicating with us about a matter where we’ve specified
another notice address (for example, our Protection from Unauthorized
Transactions process), written notices must be sent by email to [email protected] or mail to:
PickleJar
Holdings, Inc.
Attn: Legal Department
2 Riverway Dr. #1750
Houston,
TX 77056
You understand and agree that, to the extent permitted by law, we may, without
further notice or warning, monitor or record telephone conversations you or
anyone acting on your behalf has with us or our agents for quality control and
training purposes or for our own protection. You acknowledge and understand
that while your communications with us may be overheard, monitored, or recorded
not all telephone lines or calls may be recorded by us, and we do not guarantee
that recordings of any particular telephone calls will
be retained or retrievable.
Our Rights
Our Suspension and Termination Rights
We, at our sole discretion, reserve the right to suspend or terminate this
Agreement, access to or use of our Websites, software, systems (including any
networks and servers used to provide any of the Services) operated by us or on
our behalf or some or all of the Services for any reason and at any time upon
notice to you and, upon the termination of this Agreement, the payment to you
of any unrestricted money being held for you.
Security Interest
As security for the performance of your obligations under this Agreement,
you grant to us a lien on, and security interest in and to, money in your
PickleJar account and any other funds held in our possession.
Amounts Owed to Us
We may deduct amounts owed to us, in whole or in part, from money that is
sent to your PickleJar account later, either by you or from payments sent to
you. While you owe amounts to us, we may:
• reverse payments you have sent;
• engage in collection and other efforts to recover such amounts from you,
including, but not limited to, making attempts on your linked payment methods
to cover the amounts; and
• place a limitation or take other action on your PickleJar account as outlined
under Restricted Activities and Holds.
If you have more than one (1) PickleJar account, even if you have those
accounts without our authorization and in breach of this Agreement, we may
offset amounts owed to us in one (1) PickleJar account against money in or
money sent to your other PickleJar account(s). If you continue using your
PickleJar account when you have amounts owed to us, you authorize us to combine
amounts owed to us with any debit or transaction sent from your account.
In addition to the above, if you have a past due amount owed to us, including
our affiliates, we may debit your PickleJar account or accounts held in our
affiliates or various products to pay any amounts that are past due.
IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS
CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU
AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
Insolvency Proceedings
If any proceeding by or against you
is commenced under any provision of the United States Bankruptcy Code, as
amended, or under any other bankruptcy or insolvency law, we’ll be entitled to
recover all reasonable costs or expenses (including reasonable legal fees and
expenses) incurred in connection with the enforcement of this agreement.
Assumption of Rights
If we invalidate and reverse a payment that you made to a recipient (either
at your initiative or otherwise), you agree that we assume your rights against
the recipient and third parties related to the payment and may pursue those
rights directly or on your behalf, in our discretion.
No Waiver
Our failure to act with respect to a breach of any of your obligations
under this Agreement by you or others does not waive our right to act with
respect to subsequent or similar breaches.
Indemnification and Limitation of Liability
In this Section, we use the term “PickleJar” to refer to PickleJar Holdings,
Inc. and our affiliates, and each of their respective
directors, officers, employees, agents, joint venturers, service providers and
suppliers. Our affiliates include each entity that we control, we are
controlled by, or we are under common control with.
Indemnification
You must indemnify PickleJar for actions related to your PickleJar account
and your use of the Services. You agree to defend, indemnify and hold PickleJar
harmless from any claim or demand (including reasonable legal fees) made or
incurred by any third-party due to or arising out of your breach of this
Agreement, your improper use of the Services, your violation of any law or the
rights of a third party and/or the actions or inactions of any third party to
whom you grant permissions to use your PickleJar account or access our Websites,
software, systems (including any networks and servers used to provide any of
the Services) operated by us or on our behalf, or any of the Services on your
behalf.
Limitation of Liability
PickleJar’s liability is limited with respect to your PickleJar account and
your use of the Services. In no event shall PickleJar be liable for lost
profits or any special, incidental, or consequential damages (including without
limitation damages for loss of data or loss of business) arising out of or in
connection with our Websites, software, systems (including any networks and
servers used to provide any of the Services) operated by us or on our behalf,
any of the Services, or this Agreement (however arising, including negligence),
unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the
actual amount of direct damages. In addition, to the extent permitted by
applicable law, PickleJar is not liable, and you agree not to hold PickleJar
responsible, for any damages or losses (including, but not limited to, loss of
money, goodwill, or reputation, profits, or other intangible losses or any
special, indirect, or consequential damages) resulting directly or indirectly
from:
(1) your use of, or your inability to use, our Websites, software, systems (including any networks and
servers used to provide any of the Services) operated by us or on our behalf,
or any of the PickleJar services.
(2) delays or disruptions in our Websites,
software, systems (including any networks and servers used to provide any of
the Services) operated by us or on our behalf and any of the PickleJar services.
(3) viruses or other malicious software obtained by
accessing our Websites, software, systems (including
any networks and servers used to provide any of the Services) operated by us or
on our behalf or any of the Services or any Website or service linked to our Websites,
software or any of the PickleJar services.
(4) glitches, bugs, errors, or inaccuracies of any kind in
our Websites, software, systems (including any
networks and servers used to provide any of the Services) operated by us or on
our behalf or any of the Services or in the information and graphics obtained
from them.
(5) the content, actions, or inactions of third parties;
(6) a suspension or other action taken with respect to your
PickleJar account; or
(7) your need to modify your practices, content, or
behavior, or your loss of or inability to do business, because of changes to
this Agreement or our policies.
Disclaimer of Warranty and Release
No warranty
The Services are provided “as-is” and without any representation or
warranty, whether express, implied, or statutory. We specifically disclaim any
implied warranties of title, merchantability, fitness for a particular purpose
and non-infringement. We do not have any control over the products or services
provided by sellers who accept PickleJar as a payment method, and we cannot
ensure that a PickleJar user or a seller you are dealing with will complete the
transaction or is authorized to do so. We do not guarantee continuous, uninterrupted,
or secure access to any part of the Services, and operation of our websites,
software, or systems (including any networks and servers used to provide any of
the Services) operated by us or on our behalf may be interfered with by
numerous factors outside of our control. We will make reasonable efforts to
ensure that requests for electronic debits and credits involving bank accounts,
debit cards, credit cards, and check issuances are processed in a timely manner,
but we make no representations or warranties regarding the amount of time
needed to complete processing because the Services are dependent upon many
factors outside of our control, such as delays in the banking system or the
U.S. Postal Service. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimers may not apply to you.
Your Release of Us
If you have a dispute with any other PickleJar account holder, you release us
from all claims, demands, and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with such
disputes. In entering this release, you expressly waive any protections that
would otherwise limit the coverage of this release to include only those claims
that you may know or suspect to exist in your favor at the time of agreeing to
this release.
Agreement to Arbitrate
If a dispute arises between you and PickleJar regarding the Services or
otherwise, our goal is to learn about and address your concerns. If we are
unable to do so to your satisfaction, we aim to provide you with a neutral and
cost-effective means of resolving the dispute quickly. Disputes between you and
PickleJar regarding the Services may be reported to customer service by
visiting the Support Center, emailing
[email protected], or
calling +1.888.972.7553, Monday thru Friday from 9:00 AM to 5:00 PM CT.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST
BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE
ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH
ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR
CONSUMER-RELATED DISPUTES.
The arbitration proceeding shall be held in Harris County,
Texas, USA. The arbitrator shall not conduct any form of class or collective
arbitration nor join or consolidate claims by or for individuals. To the extent
allowed by applicable law, the Arbitrator, and not any federal, state, or local
court or agency, shall have exclusive authority to resolve any dispute relating
to the interpretation, applicability, enforceability, or formation of this
Agreement including, but not limited to, any claim that all or any part of this
Agreement is void or voidable. Judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction. For any non-frivolous
claim, PickleJar will pay the costs of the arbitration (but not your attorney fees),
up to $3,000.
This Agreement and each of its parts evidence a transaction involving
interstate commerce, and the United States Arbitration Act shall apply in all
cases and govern the interpretation and enforcement of the arbitration rules
and arbitration proceedings. There are only two (2) exceptions to this Agreement
to arbitrate. First, if we reasonably believe that you have in any manner
violated or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be
resolved in small claims court in Houston, Texas, USA, if the claim and the
parties are within the jurisdiction of the small claims court. For these two (2)
exceptions, you agree to submit to the personal jurisdiction of the courts
located within Texas for the purpose of litigating such claims or disputes.
Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU
MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS
COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN
ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US
AND/OR RELATED THIRD PARTIES.
Content Posted by Users
When using PickleJar’s products and
services, you may have the ability to post content (e.g., payment descriptions,
business description, comments and/or photos). You are solely responsible for
all content that you provide, post, upload or submit. We are not responsible
for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality,
or applicability of any content posted by users on PickleJar. PickleJar does
not endorse, guarantee, make representations or provide warranties regarding
any such content.
PickleJar may, at its sole discretion, reject or remove any content that
violates our Content Standards or for any other reason we deem the content
inappropriate. PickleJar shall have no obligation to monitor the content
posted, uploaded, or submitted by a user, but may do so at its sole discretion.
PickleJar is not responsible for any failure or delay in removing any such
content.
Content Standards
You may not post or submit any content that violates our
Acceptable Use Policy or any
content that is:
•
false, misleading, deceiving, inaccurate or dishonest;
• defamatory or invasive of another person’s right of privacy or right of
publicity;
• harmful, obscene, harassing, abusive, offensive, objectionable, violent or
condoning violence or harm, displaying nudity or sexual activity, or otherwise
unfit for publication;
• inciting hatred of individuals or groups based on race or ethnic origin,
religion, nationality, disability, gender, age, veteran status, or sexual
orientation/gender identity; portraying or inciting animal cruelty or neglect;
• illegal, such a criminal activity, terrorism, obscenity, child pornography,
human exploitation, gambling, drug use, firearms or ammunition, and piracy;
• infringing intellectual property or other proprietary rights of any party, or
not authorized, such as content that you did not create or do not have the
permission to use;
• creating a privacy or security risk to any person;
• spam, letters, or pyramid schemes; or
• at our sole discretion, objectionable or exposes users to harm or liability.
Please report inaccurate, inappropriate, or offensive
content, policy violations, or other
violations to our Content Standards (other than intellectual
property infringement claims,
which are covered in the section Submitting Intellectual
Property Complaints.
Intellectual Property
Our Trademarks
“PickleJar Live,” ” PickleJar,” and all logos related to the Services are
either trademarks or registered trademarks of PickleJar or PickleJar’s
licensors. You may not copy, imitate, modify, or use them without our prior
written consent. In addition, all page headers, custom graphics, button icons,
and scripts are service marks, trademarks, and/or trade dress of PickleJar. You
may not copy, imitate, modify, or use them without our prior written consent.
You may use HTML logos provided by us for the purpose of directing web traffic
to the Services. You may not alter, modify, or change these HTML logos in any
way, use them in a manner that mischaracterizes PickleJar or the Services or
display them in any manner that implies PickleJar’s or PickleJar’s sponsorship
or endorsement. All right, title and interest in and
to the PickleJar websites, any content thereon, the Services, the technology
related to the Services, and all technology and any content created or derived
from any of the foregoing is the exclusive property of PickleJar and its
licensors.
License Grants, Generally
If you are using our software such as an API, developer’s toolkit or other
software application, which may include software provided by or integrated with
software, systems or services of our service providers, that you have
downloaded or otherwise accessed through a web or mobile platform, then
PickleJar grants you a revocable, non-exclusive, non-sublicensable,
non-transferable, royalty-free limited license to access and/or use our
software in accordance with the documentation accompanying such software. This
license grant applies to the software and all updates, upgrades, new versions,
and replacement software. You may not rent, lease, or otherwise transfer your
rights in the software to a third-party. You must comply with the
implementation, access, and use requirements contained in all documentation
accompanying the Services. If you do not comply with implementation, access,
and use requirements you will be liable for all resulting damages suffered by
you, us and third parties.
We
may update or discontinue any software upon notice to you. While we may have
1.
integrated certain third-party
materials and technology into any web or other application, including its
software, and/or
2.
accessed and used certain
third-party materials and technology to facilitate providing you with the Services,
you have not been granted and do not otherwise retain any rights in or to any
such third-party materials. You agree not to modify, alter, tamper with,
repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer,
translate, disassemble, decompile, or otherwise attempt to create any source
code that is derived from the software or any third-party materials or
technology, or otherwise create any derivative works from any of the software
or third-party materials or technology. You acknowledge that all rights, titles,
and interests to our software are owned by PickleJar, and any third-party materials
integrated therein are owned by our third-party service providers. Any other
third-party software application you use on the PickleJar websites is subject
to the license you agreed to with the third party that provides you with this
software. You acknowledge that PickleJar does not own, control nor have any
responsibility or liability for any such third-party software application you
elect to use on any of our websites, software, and/or in connection with the Services.
License Grant From You to PickleJar;
Intellectual Property Warranties
We do not claim ownership of the content that you provide, upload, submit
or send to us. When you provide content to us or post content using the Services,
you grant us, our affiliates, and our users (including parties that we work
with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up,
transferable, sublicensable, and worldwide license to duplicate, copy, display,
publish, upload, perform, distribute, modify, create derivative works, delete,
post, forward to others and otherwise use your content and associated
intellectual property and publicity rights to help us improve, operate,
promote, advertise and market our current services and develop new ones, in any
form, medium or technology now known or later developed. We will not compensate
you for any of your content.
You further represent and warrant that (1) you own or
otherwise have all the licenses, rights, consents and permissions in your
content necessary to make the above license and grant; (2) your content is
accurate; and (3) your content and our use of your content do not and will not
infringe any intellectual property, privacy, proprietary or publicity rights,
or otherwise violate confidentiality obligations, these terms or applicable
law. Further, you agree to waive your moral rights and promise not to assert
any rights in your content against us.
Submitting Intellectual Property Complaints
We respect the intellectual property of others and require that PickleJar
account holders comply with relevant intellectual property laws, including
copyright and trademark laws. We may, in appropriate circumstances and in our
discretion, limit or terminate the use of our products or services for users
who use or publish content on the PickleJar platform that is subject to
intellectual property rights claims.
PickleJar will respond to notices of alleged copyright infringement that comply
with the Digital Millennium Copyright Act (“DMCA”). If you believe your
intellectual property rights have been infringed by content on the PickleJar
platform, you may request a removal of this content from our Websites by requesting
an Infringement Report Form by visiting the Support Center,
emailing [email protected], or writing to:
PickleJar Holdings, Inc.
Attn: Acceptable Use Policy
2 Riverway Dr. #1750
Houston, TX 77056
If you believe that content you posted on the site was removed, or access to it
was disabled, by mistake or misidentification, you may file a
counter-notification with us by submitting a written notification to the email
or address above pursuant to the DMCA.
We may terminate an infringer’s access to PickleJar products or services at our
sole discretion and we have a policy to terminate accounts of repeat
infringers.
Miscellaneous
Assignment
You may not transfer or assign any rights or obligations you have under
this Agreement without our prior written consent. We may transfer or assign
this Agreement or any right or obligation under this Agreement, at any time.
Business Days
“Business Day(s)” means Monday through Friday, excluding holidays when
PickleJar’s offices are not considered open for business in the United States.
Holidays include New Year’s Day (January 1), George Washington’s Birthday (the
third Monday in February), Memorial Day (the last Monday in May), Independence
Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the
fourth Thursday in November) and Christmas Day (December 25). If a holiday
falls on a Saturday, we observe the holiday on the prior Friday. If the holiday
falls on a Sunday, we observe the holiday on the following Monday.
Consumer Fraud Warning
We’re always looking for ways to help keep you even more secure. So, stay
on the lookout for some of these common scams:
• Seller Scam: a scammer sends you a
fraudulent payment for goods or services you provide outside of PickleJar.
• Accidental Payment: a scammer sends you a fraudulent payment, claims it was
accidental, and asks that you return their money.
Always use common sense when sending money. If something
sounds too good to be true, it probably is. Only send money for yourself and
not for others.
Dormant Accounts
If you do not log in to your PickleJar account for two (2) or more years,
we may close your PickleJar account and send any of your funds held in our
possession to your primary address (if we have verified the required
identifying information that you have provided to us) or, if required, escheat
(send) any of your funds held in our possession to your state of residency. We
will determine your state of residency based on the information provided for
your PickleJar account. If your address is unknown, any of your funds held in
our possession will be escheated to the State of Delaware. Where required, we
will send you a notice prior to escheating any of your funds. If you fail to
respond to this notice, your funds held in our possession will be escheated to
the applicable state. If you would like to claim any escheated funds from the
applicable state, please contact the applicable state’s unclaimed property
administrator.
Google Maps, Waze, and Apple Maps
Your use of Google Maps, Waze, or Apple Maps while using the Services on
the PickleJar app is subject to the then-current Google Maps/Google Earth,
Waze, or Apple Maps Terms of Service.
·
Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy
·
Waze Terms of Service and Waze
Privacy Policy
·
Apple Maps Terms of Service and Apple Maps Privacy Policy
Governing Law
You agree that, except to the extent inconsistent with or preempted by
federal law and except as otherwise stated in this Agreement, the laws of the
State of Delaware, without regard to principles of conflict of laws, will
govern this Agreement and any claim or dispute that has arisen or may arise
between you and PickleJar regarding your use of the Services.
Identity Authentication
You authorize us, directly or through third parties, to make any inquiries
we consider necessary to verify your identity. This may include:
• asking you for further
information, such as your date of birth, a social security or taxpayer
identification number, your physical address and other information that will
allow us to reasonably identify you;
• requiring you to take steps to confirm ownership of your email address, phone
number or financial instruments;
• ordering a credit report from a credit reporting agency, or verifying your
information against third-party databases or through other sources; or
• requiring you to provide your driver’s license or other identifying
documents.
Anti-money laundering and
counter-terrorism financing laws may require that we verify the required
identifying information if you use certain Services. We reserve the right to
close, suspend, or limit access to your PickleJar account and/or the Services if,
after reasonable inquiries, we are unable to obtain information about you
required to verify your identity.
Money Transmitter Licenses
Stripe Connect is a licensed provider of money transfer services and all
money transmission is provided by Stripe Connect, pursuant to Stripe Connect’s licenses.
PickleJar is Not a Payment Service
Provider
PickleJar does NOT:
•
Act as an escrow agent with respect to any money sent to you on PickleJar that
has not been transferred;
• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship
with you;
• Guarantee the identity of any user or seller;
• Determine if you are liable for any taxes; or
• Unless otherwise expressly set out in this agreement, collect or pay any
taxes that may arise from your use of the Services.
Privacy
Protecting your privacy is very important to us. Please review our Privacy
Policy in order to
better understand our commitment to maintaining your privacy, as well as our
use and disclosure of your information.
State Disclosures
In addition to reporting complaints about the Services directly to us as
described above, if you are a California resident, you may report complaints to
the California Department of Business Oversight by mail at Department of
Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200,
Sacramento, CA 95814 or online through its Website at www.dbo.ca.gov/Consumers/consumer_services.asp.
The California Department of
Business Oversight offers assistance with its
complaint form by phone at 866.275.2677. If you are a California resident, you
have a right to receive communications about your PickleJar account and the Services
by email. To make such a request, visit the Support Center, or
email [email protected].
Florida residents may contact the
Florida Department of Financial Services in writing at 200 East Gaines Street,
Tallahassee, Florida, 32399, or by telephone at 800.342.2762.
Third-Party Providers
The PickleJar app works on an application linked to a particular device and
operating system, such as Apple’s iOS operating system. Your use of the Services
may be subject to separate agreements you may enter into
with your mobile device operating system provider (e.g., Apple, Google or
Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your
mobile service carrier (e.g., AT&T® or Verizon®), and other parties
involved in providing your mobile device service, which we collectively refer
to as “Covered Third Parties.”
You agree to comply with all
applicable third-party terms of agreement when using the Services. We are not a
party to those agreements, and we have no responsibility for the products and
services provided by third parties. You acknowledge and agree that this
agreement is between you and PickleJar, not with any Covered Third Party. You
acknowledge and agree that we are solely responsible for the Services and for
providing maintenance and support services for the Services.
Covered Third Parties have no warranty obligations whatsoever with respect to
the Services and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure of the Services to conform to any warranty
provided by us, if any, will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims
relating to the Services, including, but not limited to:
(i)
Product liability claims.
(ii)
Any claim that the Services fail to
conform to any applicable legal or regulatory requirement.
(iii)
Claims arising under consumer
protection, privacy, or similar legislation; and
intellectual property claims.
If you are using the Services on an
Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries,
are third-party beneficiaries of this Agreement, and that Apple will have the
right (and will be deemed to have accepted the right) to enforce this Agreement
against you as a third-party beneficiary. Such rights may also accrue to other
handset manufacturers and operating systems that participate in the Services.
Unlawful Internet Gambling Notice
Restricted transactions as defined
in Federal Reserve Regulation GG are prohibited from being processed through
your PickleJar account or your relationship with PickleJar. Restricted
transactions generally include, but are not limited to, transactions in which
credit, EFTs, checks, or drafts are knowingly accepted by gambling businesses
in connection with unlawful Internet gambling.
Your Use of Information; Data Protection Laws
If you receive information about any PickleJar customer, you must keep the
information confidential and only use it in connection with the Services. You
may not disclose or distribute any information about PickleJar users to a
third-party or use the information for marketing purposes unless you receive
that user’s express consent to do so. You may not send unsolicited emails to a
PickleJar customer or use the Services to collect payments for sending, or
assist in sending, unsolicited emails to third parties.
The privacy and data protection laws that may apply include any associated
regulations, regulatory requirements, and codes of practice applicable to the
provision of the services described in this agreement.
In complying with such laws, you will:
• implement and maintain all appropriate security measures for the processing
of personal data; and
• not knowingly do anything or permit anything to be done which might lead to a
breach of any privacy data protection laws by us.