Terms and Conditions
Terms and Conditions of Use
Terms and conditions apply to the use of PAYTOO Capital LLC (hereinafter “PAYTOO Capital”, “we”, “us” and/or “our”) and the PAYTOO Capital LLC Website(s) located at www.paytoocapital.com and all associated Websites (“Website”). BY USING (hereinafter “User”, “you” and/or “your”) ANY OF THESE PAYTOO WEBSITES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF USE CONTAINED IN THIS LEGAL NOTICE. DO NOT USE THESE WEBSITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION. YOU ARE PROHIBITED FROM USING THIS WEBSITE OR SERVICES FOR ANY UNLAWFUL PURPOSE.
Any applications submitted electronically shall have the same force and effect as if the application bore an inked original signature(s). The above information, together with any accompanying financial statements, schedules, or other materials, is submitted for the purpose of obtaining credit and is warranted to be true, correct, and complete.
The Merchant and Owner(s)/Officer(s) identified in the application (individually, an “Applicant”) each represents, acknowledges and agrees that (1) all information and documents provided to PayToo Capital LLC. (“PC”) including bank statements and or credit card processor statements are true, accurate and complete, (2) Applicant will immediately notify (“PC”) of any change in such information or financial condition, (3) Applicant authorizes (“PC”) to disclose all information and documents that (“PC”) may obtain including credit reports to other persons or entities (collectively, “Assignees”) that may be involved with or acquire commercial loans having daily repayment features and/or Merchant Cash Advance transactions, including without limitation the application therefore (collectively, “Transactions”) and each Assignee is authorized to use such information and documents, and share such information and documents with other Assignees, in connection with potential Transactions, (4) each Assignee will rely upon the accuracy and completeness of such information and documents, (5) (“PC”), Assignees, and each of their representatives, successors, assigns and designees (collectively, “Recipients”) are authorized to request and receive any investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information that a Recipient deems necessary, (6) Applicant waives and releases any claims against Recipients and any information-providers arising from any act or omission relating to the requesting, receiving or release of information, and (7) each Owner/Officer represents that he or she is authorized to sign this form on behalf of Merchant.(8) I consent to receive direct mail, faxes, and e-mails sent by PayToo Capital LLC and its subsidiaries or affiliates for the purposes of transmitting account updates, requests for information and notices, and (9) this request is for business and not for consumer purposes.
Consent to Telephone Calls
You also expressly consent to receiving servicing, collection and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
PAYTOO Capital LLC may change these terms on a prospective basis and modify, update, revise, supplement or amend any aspect, content or feature of the Site, at its sole discretion. Any modification, update, revision, supplements or amendments shall be effective immediately upon its posting on the Site and will only be applicable to disputes arising, or arising out of events occurring after such posting has been made. Your continued use or accessing of the Site following the posting of any changes to the Terms constitutes your acceptance of such changes.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
Void Where Prohibited By Law
Any product, service, feature, or function offered on the Website is void where prohibited by law.
Solely to enable PAYTOO Capital LLC to use the information you supply us with, so that we are not violating any rights you might have in that information, by providing any feedback, suggestions, ideas and other submissions to PAYTOO Capital LLC, you agree to grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights in any media now known or not currently known. PAYTOO Capital LLC has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
- upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
You may download material displayed on the PAYTOO Capital LLC’s Website for personal and non-commercial use only. You are prohibited to distribute, modify, transmit, use, or reuse any of the contents of the PAYTOO Capital LLC’s Website for public or commercial purpose without the written consent of PAYTOO Capital LLC. All copyright, proprietary notices, and rules on downloaded and/or copied material must be retained.
Unauthorized access to any part of this Website is prohibited. You may not copy, scan, probe, or breach the security measures of this Website or the systems that support it.
Intellectual Property Ownership
All right, title and interest on the Site, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to the Site, in whole or in part. All content and materials included as part of the Site such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of PAYTOO Capital LLC, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and PAYTOO Capital LLC owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause PAYTOO Capital LLC and its licensors irreparable injury, which may not be remedied at law, and you agree that PAYTOO Capital LLC and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief. PAYTOO Capital LLC or its licensors, and you shall have no rights whatsoever in any of the foregoing.
PAYTOO Capital LLC and all related logos, products and services described in this website are either trademarks or registered trademarks of PAYTOO Capital LLC, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PAYTOO Capital LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PAYTOO Capital LLC and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAYTOO Capital LLC.
PAYTOO Capital LLC recognizes the trademarks of VISA ®, MASTERCARD®, DISCOVER ® and MAESTRO ® in accordance with the delivery of services to PAYTOO Capital LLC Images displayed on www.paytoocapital.com are property of, or used with permission by PAYTOO Capital. Use of these images by third parties is prohibited unless expressed on PAYTOO Capital LLC’s Website. Any unauthorized use of these images may violate copyright, trademark, and laws of privacy and publicity.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, PAYTOO Capital LLC has adopted a policy of terminating, in appropriate circumstances and at PAYTOO Capital LLC’s sole discretion, users who are deemed to be repeat infringers. PAYTOO Capital LLC may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: Attn: Legal Compliance Department: One E. Broward Boulevard, Suite 620, Fort Lauderdale, FL 33301 Phone: (954) 368-9262. Email: email@example.com. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
By using this Website, you acknowledge and expressly authorize that PAYTOO Capital LLC may provide your personal information to appropriate financial institutions, processors, and third parties under contract with affiliates for providing a subset of the payment services (i.e.: credit authorization and fraud screening). Federal and state privacy laws govern the use of personally identifiable consumer information for financial institutions. For other third parties under contract with PAYTOO Capital LLC and/or subsidiary, the use and distribution of your personal information will be used by such entity for its internal use. These transactions are treated as confidential and will be transferred between PAYTOO Capital LLC via encrypted means. Merchant is permitted to place an order based on the personal information you provide. Use of your personal information should be governed by agreement with merchant.
USE OF SERVICE IS AT INDIVIDUAL'S RISK. PAYTOO CAPITAL LLC AND ITS AFFILIATES, EMPLOYEES, AND AGENTS DO NOT IN ANY WAY SHAPE OR FORM WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED AND/OR ERROR FREE. THE SERVICE PROVIDED IS "AS IS” AND “AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING TITLE, MERCHANTABILITY, PUBLISHING ERRORS, OR FITNESS FOR A PARTICULAR PURPOSE. PAYTOO CAPITAL LLC WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER WITHOUT WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING. SERVICE IS SUBJECT TO DELAYS INVOLVING INTEGRATION, BANKING, INTERNET, AND/OR INTERNATIONAL MAIL SERVICES.
LIMITATION OF LIABILITY
PAYTOO CAPITAL LLC, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES FROM ANY USE OF THE PAYTOO CAPITAL SERVICE. PAYTOO CAPITAL, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE. MOREOVER, THE MAXIMUM AGGREGATE LIABILITY OF PAYTOO ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES IS LIMITED TO THE TRANSACTION FEES PAID TO PAYTOO CAPITAL IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM.
INDEMNIFY PAYTOO CAPITAL FOR DAMAGES
You hereby agree to indemnify and defend PAYTOO Capital LLC and its subsidiaries, officers, directors, and employees, agents and affiliates of PAYTOO Capital from liabilities, losses, damages, claims, and expenses (including attorney fees and costs), whether or not a lawsuit or proceeding is filed that in any way arises out of or relates to:
(i) Violation of the Terms and Conditions of Service;
(ii) Improper use of the service;
(iii) Violation of property or third party rights;
(iv) Refunds or charge-backs of fees initiated pursuant to your request;
(v) Reversed credit card payments;
(vi) Debit card and/or credit card transactions following the closing of your PAYTOO Capital Account; and/or
(vii) Negligence or misconduct.
In the event you fail to promptly indemnify and defend such claims and/or pay PAYTOO Capital LLC expenses, PAYTOO Capital LLC shall have the right to defend itself. Any attorney fees, costs and damages incurred by PAYTOO Capital LLC in settling such claims shall be paid by you within thirty (30) days of each and every of PAYTOO Capital LLC written request(s) for reimbursement.
PAYTOO Capital LLC’s principal office is in the State of Florida and this Site (excluding external links, if any) is controlled by PAYTOO Capital LLC from its offices within the State of Florida, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Florida, by accessing this Site both you and PAYTOO Capital LLC agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and PAYTOO Capital LLC agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Broward County, Florida. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
PAYTOO Capital LLC has the right to add or modify the terms of this agreement and delivering amended terms to user via email or the PAYTOO Capital LLC’s Website(s). Use of service after the date such amended terms are delivered to user, shall be deemed to constitute acceptance of such amended terms. User agrees to review these amendments to be aware of such modifications. In the event that user does not agree to modifications made, they may cancel the PAYTOO Capital LLC Account and all services with PAYTOO Capital LLC.
If PAYTOO Capital LLC is notified of potential violations, PAYTOO Capital LLC may take legal action including but not limited to self-help measures such as terminating, freezing and/or blocking any accounts of yours with PAYTOO Capital LLC and/or seeking injunctive relief to immediately stop the violative activity. PAYTOO Capital LLC has the discretion to determine which action is appropriate under the circumstances. PAYTOO Capital LLC is not liable for the security of communications transmitted over PAYTOO Capital LLC’s facilities.
Users are responsible for protecting the confidentiality of their respective passwords, usernames and user accounts. Users may not in any way share their respective passwords, usernames and user accounts with any other person even if such person is related to the User. Users may not transfer their respective account to anyone else without the prior written consent of PAYTOO Capital LLC. If a username is misplaced or lost, the User should send an email to firstname.lastname@example.org. Users can use the “Forgot Your Password?” button on the PAYTOO Capital LLC’s Website for password assistance.
CONSEQUENCES OF PROHIBITED BEHAVIOR
Violation of the policies and procedures described grants PAYTOO Capital LLC the authority to restrict, block, freeze or terminate access to services. Criminal behavior(s) will be reported to relevant governmental authorities.
PAYTOO Capital LLC reserves the right to collect administrative costs and fees regarding identifying offenders freezing PAYTOO Capital LLC Accounts and terminating access to services.
This Terms and Conditions was last updated on January 21st, 2016.