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:

                                          i.    Privacy Policy

                                        ii.    Acceptable Use Policy

                                       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.