End User License Agreement
Last Updated: March 4, 2026
IMPORTANT! PARAGRAPH 20 OF THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION, WHICH INCLUDES AN AGREEMENT TO ARBITRATE AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES BETWEEN US, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR A TAPCHECK ACCOUNT AND ACCESSING OR USING THE SERVICES TO ENSURE THAT YOU UNDERSTAND YOUR RIGHTS.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
This Agreement governs the access or use by you, an individual, of your Tapcheck Account and/or the Services. The Services are made available only in the United States and may only be accessed or used by you from within the United States. By registering for a Tapcheck Account and/or accessing or using the Services, you agree to be legally bound by and comply with this Agreement.
Quick Guide to Contents
- Definitions
- Privacy Policy, This Agreement, Website Terms of Service, and Other Written Instructions
- Changes to this Agreement
- Description of the Services
- System Requirements
- Use of the Services
a. Qualified Users
b. Your Account
c. Disbursements
d. Other Limitations
e. Test Deposits
f. EWT Confirmation and Payroll Deductions
g. Subsequent Deductions/Representment
h. Revoking Authorization - Processing Fees
- Your Representations and Warranties
- Cancellation, Interruption, Suspension, or Termination
- Passwords and Security
- Confidentiality
- Third Party Account Information
- Authorization for ACH Debits and Credits
- Conduct
- Service Updates
- Warranty Disclaimer
- Limitation of Liability
- Indemnity
- Governing Law and Jurisdiction
- DISPUTE RESOLUTION
a. Arbitration
b. Informal Dispute Resolution
c. Exceptions to Arbitration
d. Arbitration Procedures
e. Waiver of Class and Other Non-Individualized Relief
f. Jury Trial Waiver
g. Arbitrator
h. Authority of Arbitrator
i. Attorneys’ Fees and Costs
j. Batch Arbitration
k. Severability
l. Opt-Out Procedure
m. Modification - Notices
- Headings
- No Waiver
- Severability
- Assignment
- Force Majeure
- Entire Agreement
- Third Party Beneficiaries to this Agreement
- Miscellaneous
- Electronic Communications
a. Consent to Electronic Communications
b. Withdrawal of Consent to Electronic Communications - Monitoring and Recording of Communications
- Communications by Phone (phone Calls and Text Messages)
a. Consent to Communications by Phone
b. Withdrawal of Consent to Communications by Phone - Notice to South Carolina Residents
- Notice to Utah Residents
- Contact Us
1. Definitions
Access Credentials – "Access Credentials" means the username and/or passwords or other means of accessing your Account or the Services.
Account – "Account" means an active user service account available through Tapcheck.
ACH – "ACH" means the Automated Clearing House network, which allows electronic payments between and among financial institutions.
Agreement – Agreement means this Tapcheck End User License Agreement.
Amendment Date – "Amendment Date" means the date on which this Agreement or policies on the Site are updated or revised, and which appears at the top of this Agreement.
Application – "Application" means Tapcheck's mobile applications and websites, including all updates, new releases, and versions thereto.
Available Balance – "Available Balance" means a maximum percentage of your then available estimated net earned wages for the pay period at the time of your request or a fixed daily maximum amount, each as may be agreed between Tapcheck and the applicable Employer Partner and that is displayed in the Application.
Bank Account – "Bank Account" means an account (including a prepaid account) located at a bank or credit union that you link to your Account in connection with the Servicers.
Debit Card – "Debit Card" means a debit card that you link to your Account in connection with the Services.
Dispute(s) – "Dispute(s)" means any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to your use of the Services, the Site, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services, your Account, or the Site.
Employer Partner – "Employer Partner" means an employer who agrees to make Tapcheck and its Services available to its employees.
EWT or Earned Wage Transaction – "EWT" means a request to obtain earned wages prior to payday made using the Services.
Indemnified Parties – "Indemnified Parties" means Tapcheck, its subsidiaries, affiliates, licensors, content providers, suppliers, employees, contractors, officers, directors, and representatives.
Laws – "Laws" means any law, rule, regulation, ordinance, code or order which governs or affects your use of the Services or under which you may exercise rights, including the NACHA Rules, and rules relating to electronic funds transfers, privacy and security, and any export laws and regulations of the United States, as any or all of the foregoing may be amended and in effect from time to time.
MMS – "MMS" means Multimedia Messaging Service.
NACHA Rules – "NACHA Rules" means the Operating Rules of the National Automated Clearing House Association.
NAM – “NAM” means National Arbitration & Mediation.
NAM Rules – "NAM Rules" means the NAM Comprehensive Dispute Resolution Rules and Procedures and the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures.
Pay Period – "Pay Period" means the period of time during which you earn wages that are paid to you on any scheduled employer pay day.
Qualified User(s) – "Qualified User(s)" shall have the meaning described in Section a of Paragraph 6, below.
Services – "Services" means any Application, the Site, features, content, products, and services (the “Services”) made available by Tapcheck.
Site – "Site" means any or all pages or links owned or operated by Tapcheck, including, but not limited to, www.Tapcheck.com, as well as any Applications, and any Services accessed or used through the Site. "Site" as used in this Agreement also includes any and all Content as that term is defined and used in the Website Terms.
SMS – "SMS" means Short Message Service.
Tapcheck – "Tapcheck" means Tapcheck Inc.
Third Party Account Information – "Third Party Account Information" means information concerning your employee profile, earned but unpaid net wages, your upcoming employment schedule, hours worked, and other information maintained by your employer or other third-parties providing services to your employer with which you or your employer have relationships, maintain accounts, or engage in financial transactions.
Website Terms – "Website Terms" refers to the Tapcheck Website Terms of Service available at https://www.tapcheck.com/terms-of-service, and which are incorporated into and made a part of this Agreement.
2. Privacy Policy, This Agreement, Website Terms, and Other Written Instructions
By registering for and/or accessing or using the Services, you confirm, acknowledge, and agree that you have read this Agreement and agree to be bound by it. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not seek to obtain or use the Services and should delete the Application from your phone.
You also confirm, acknowledge, and agree that you have read and agree to be bound by Tapcheck's Privacy Policy and the Website Terms, as well as, any other terms or instructions appearing on the Application or the Site when enrolling for, activating, accessing, or using the Services, any and all of which are expressly incorporated by reference as though fully set forth in this Agreement. In the event of a conflict between this Agreement and the Website Terms, the Website Terms shall govern your use of and access to the Site, while this Agreement shall govern your use of and access to the Services and/or your Account.
3. Changes to this Agreement
Subject to subsection 20(m) below, Tapcheck reserves the right to modify, change or replace the terms and conditions of this Agreement and its policies relating to the Services at any time, in its sole discretion. Tapcheck will post the revised Agreement or policies on the Site and update with the Amendment Date. Continuing to use the Services after the Amendment Date constitutes acceptance of the revised terms and conditions of this Agreement. You agree to visit the Site periodically to review any such changes to this Agreement to ensure that you understand the terms and conditions that apply to your use of the Services.
4. Description of the Services
The Services are a technology platform that enables Qualified Users of Tapcheck’s Application or Site to access their earned wages prior to payday. The Services are made available to you through a relationship established between Tapcheck and your employer. You agree to use the Services for your personal use and only for lawful purposes. Your right to access the Services may not be transferred by you to any person or entity.
YOU ACKNOWLEDGE THAT TAPCHECK ONLY PROVIDES ACCESS TO YOUR OWN WAGES AND DOES NOT PROVIDE LOANS OR CREDIT SERVICES TO YOU. Tapcheck will never check your credit score and Tapcheck does not engage in debt collection or credit reporting. Tapcheck does not charge interest on an EWT. Instead, subject to applicable Law, your employer may deduct the amount of the EWT from your next paycheck and deposit such portion of your paycheck to your Debit Card or in a Bank Account pursuant to your authorization.
Tapcheck makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals located in the United States.
5. System Requirements
The Application is intended to run on most smart mobile phone devices. To use the Application, you must have a personal device that is compatible with the Application. Tapcheck does not warrant that the Application will be compatible with all devices. Receiving and sending notifications and correspondences in real time using the Application requires a mobile data plan and an Internet connection. The costs of such data plan or Internet connection are subject to the agreement between you and your cellular communications provider and to the payments that apply to you thereunder. You are solely responsible for obtaining, maintaining, and ensuring compatibility with the Services of any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, personal devices, modems, hardware, servers, software, operating systems, networking, and web servers.
Note that “location-based services” that utilize GPS technology to determine your location constitute a main feature of the mobile Application. The Services will not be provided if you do not agree to use this technology and so, by installing the Application and/or accepting this Agreement, you are agreeing to this use. You can read more about how Tapcheck uses data from your smartphone in Tapcheck’s Privacy Policy.
6. Use of the Services
a. Qualified Users
Access and use of the Services is restricted to Qualified Users. To be a Qualified User, you (1) must register for and maintain an Account; (2) must be an employee in good standing with an Employer Partner; and (3) may not be in breach of this Agreement.
b. Your Account
To create your Account, you must submit to Tapcheck certain personal information, such as your first and last name, physical address, email address, telephone number, employer and related information, the bank account number and routing number associated with your Bank Account, and any additional information required by Tapcheck. You will need to create a username and password to access your Account and the Services.
Prior to using the Services, Tapcheck may verify your identity. You authorize Tapcheck to make any inquiries it considers necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or Tapcheck cannot verify your identity, Tapcheck can refuse to allow you to use the Services.
You must maintain accurate, complete and up-to-date Bank Account information in your Account at all times. Tapcheck is not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Bank Account information current.
After you have created your Account, certain Services may be available to you immediately. However, other Services may not be available to you until after the Employer Partner confirms you are eligible to receive those Services.
Any Services offered by third parties, such as linking your Bank Account, are subject to additional terms and conditions provided by those parties, and your eligibility to receive those services will be subject to those third party terms and conditions.
c. Disbursements
As a Qualified User you may request up to your Available Balance as displayed in the Services. To request an EWT, your Account must be in good standing at the time of the request. Funds will be disbursed via one of the following methods:
1. Same day transfer (Fee applies). Funds will be deposited (i) into your Bank Account via debit card transfer within approximately thirty (30) minutes, or (ii) onto your Tapcheck Mastercard debit card issued by Central Bank of Kansas City (member FDIC) under a license from Mastercard International within approximately thirty (30) minutes, depending on your selection within the Application. See “Processing Fees”, Paragraph 7, below for additional information regarding applicable fees.
2. Next business day transfer (Fee applies). Funds will be deposited into your Bank Account via an ACH transfer on the next business day. Requests must be made on a business day by 3:00 PM PST. See “Processing Fees”, Paragraph 7, below for additional information regarding applicable fees.
3. Next business day card transfer (No cost). Funds will be deposited the next business day (i) onto your Tapcheck Mastercard debit card issued by Central Bank of Kansas City (member FDIC) under a license from Mastercard International ("Tapcheck Card"), or (ii) onto your rapid! PayCard issued by Green Dot Bank (“rapid! PayCard”). While there is no cost for the transfer, certain fees may apply to your Tapcheck Card or your rapid! PayCard. See your Cardholder Agreement for more details.
d. Other Limitations
Tapcheck cannot guarantee the timely delivery of funds as a result of a failure of a financial institution or your card network to act in a timely manner or due to other events beyond its control. Note that the financial institution that holds your Bank Account may take additional time to deposit the funds into your Bank Account.
Tapcheck does not charge interest or late fees on any EWT balance. You will only be expected to repay the exact amount of the EWT requested. You acknowledge that the requested EWT may be less than the amount funded by Tapcheck into the Bank Account if processing fees apply. Nevertheless, you are responsible for the repayment of the full amount of the EWT requested.
All calculations of net earned wages and other information generated from the Services are estimates only and are further dependent on the accuracy and completeness of any payroll data and time and attendance logs provided by your employer and the payroll provider, if applicable. Tapcheck will not be responsible for the consequences of any such information being incomplete, inaccurate, not current or otherwise deficient.
e. Test Deposits
The first time you request an EWT, Tapcheck will need to validate and register your Bank Account. If the Bank Account cannot be validated, the EWT request will be cancelled. To validate the Bank Account, Tapcheck may process a test transaction for a nominal amount to your Bank Account. If the test transaction is completed, Tapcheck will, in a separate transaction, debit the test amount from your Bank Account prior to funding the EWT associated with request.
f. EWT Confirmation and Payroll Deductions
Upon distribution of the EWT to your Bank Account, Tapcheck will notify the Employer Partner that you have received the EWT. When you request an EWT, you also authorize your employer to deduct any EWT you receive, plus any applicable fees, from your next scheduled paycheck. If Tapcheck and/or your employer is unable to deduct amounts previously paid to you as part of an EWT transaction, your access to the Services may be limited or suspended until you voluntarily repay the outstanding EWT and any applicable processing fees.
g. Subsequent Deductions/Representment
If any applicable EWT is not successfully deducted, or the deduction fails for any reason at all, including but not limited to administrative error or insufficient funds, you understand and agree that Tapcheck may instruct your employer to continue to attempt the deduction during subsequent pay periods. Tapcheck also may debit your Bank Account for these amounts after a failed deduction pursuant to the ACH authorization provided in Paragraph 13 below. If these efforts fail, Tapcheck maintains no legal recourse against you.
h. Revoking Authorization for Deductions and Debits
Your authorization for Tapcheck and/or your employer to deduct funds from your paycheck or debit funds from your Bank Account is valid indefinitely unless revoked. To revoke your authorization for deductions or debits, you must let us know at least two (2) business days prior to the end of your Pay Period or the scheduled date of the debit by calling us at 866.697.6016 or by email to support@tapcheck.com. If Tapcheck and/or your employer is unable to deduct or debit amounts previously paid to you as part of an EWT transaction, your access to the Services may be limited or suspended until you voluntarily repay the outstanding EWT and any applicable processing fees.
7. Processing Fees
If you choose to have the EWT deposited into your Bank Account (and you do not choose one of the free options identified above under Section c of Paragraph 6, above), you agree to the following processing fees:
- Same day transfer – up to $4.95.
- Next business day transfer – up to $3.50.
Processing fees are flat fees associated with Tapcheck processing an EWT in the timeframe and using the method that you request at the time of initiating the EWT. Actual fees, which may be lower than those disclosed above, will be set forth in the Application. Processing fees are due and payable at the time Tapcheck pays the EWT. Processing fees will be deducted from the gross amount of the EWT prior to Tapcheck funding the EWT.
8. Your Representations and Warranties
By entering into this Agreement and using the Services you represent and warrant the following:
- You are of legal age in the state that you reside and have the right and authority to enter into this Agreement.
- All information you provide to Tapcheck is true, accurate, current, and complete to the best of your knowledge.
- All contact information, including phone numbers, email addresses, mailing addresses, etc., belong to you, and you have the rights and authority to provide that information to Tapcheck. You further represent and warrant that Tapcheck may communicate with you through any contact information you have provided to Tapcheck.
- You are in compliance with, and will continue to remain in compliance with, all Laws.
- If you provide Tapcheck Bank Account information for a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently.
- By authorizing Tapcheck to process an EWT request, you represent and warrant that you have a positive balance in your Bank Account. If you have a negative balance in your Bank Account, you may be subject to bank fees if Tapcheck debits the test amount or the EWT amount. Tapcheck may also cancel EWT requests. You acknowledge and agree that Tapcheck shall not be responsible or liable, directly or indirectly, for any cancellation of an EWT request pursuant to this Agreement or for any bank fees charged as a result of having a negative balance in your Bank Account or otherwise as a result of providing the Services hereunder; provided that Tapcheck shall reimburse you for any overdraft or non-sufficient funds charges imposed by your bank that were caused by our attempt to recoup outstanding EWTs or applicable fees, on a date before, or in an incorrect amount from, the date or amount disclosed to you.
- The amount of net wages that are payable to you, but not yet paid, for work that has been performed by you are just and due and that the amount of such net earned wages are greater than the EWT requested by you. In the event that you have received an EWT, it may constitute fraud for you to notify your employer and/or the payroll provider that you have not received a portion of your net earned wages through your use of the Services.
- You are in compliance with the terms and conditions of this Agreement and will remain in compliance with the terms and conditions of this Agreement for so long as you maintain an Account and use the Services.
9. Cancellation, Interruption, Suspension, or Termination
This Agreement, including any revisions or amendments, will remain in effect as long as you continue to access and/or use the Services. You may cancel your Account at any time by emailing Tapcheck at support@tapcheck.com. Upon closure, you will still be responsible for any outstanding EWT balance.
Your access to and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that Tapcheck, in its sole discretion, may elect to take. In no event will Tapcheck be liable to any party for any loss, cost, or damage that results from any period of downtime of the Site, Application or Services.
The following occurrences may result in your inability to access and use the Services or Tapcheck’s termination or suspension of your Account and this Agreement:
- If you fail to maintain accurate, complete and up-to-date Account information or Bank Account information;
- If your employer is not an Employer Partner;
- If you have previously received an EWT but not repaid it;
- If your Bank Account is currently frozen or otherwise not accepting incoming transfers; and
- If you do not comply with any term or condition of this Agreement.
Notwithstanding the foregoing, Tapcheck may modify, suspend, discontinue (temporarily or permanently), or immediately terminate the Services, Site, Application, or your Account (or any features or portions thereof, including any applicable fees), at any time and for any reason. You agree that Tapcheck will not be liable to you or any third party for any modification, suspension, discontinuance, or termination of your access to the Services, Site, Application, or your Account.
Upon termination of your Account, this Agreement, or if you violate any term or condition of this Agreement, you must immediately stop using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, the Agreement to Arbitrate, and indemnity and limitations of liability.
10. Passwords and Security
You shall not give or make available your Access Credentials to any third party. If you give someone your Access Credentials, you are authorizing that person to use your Account or the Services, and you are solely responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. You agree to be bound by transactions initiated in compliance with these procedures, whether or not authorized, unless you have given Tapcheck prior notice of possible unauthorized use as described above and Tapcheck has had a reasonable opportunity to act on such notice.
You are solely responsible for the implementation of appropriate security procedures designed to prevent unauthorized access to your Account or the Services via your computer systems or personal mobile devices. You shall promptly notify Tapcheck upon any suspicion or confirmation of inappropriate, unauthorized, or fraudulent use of the Services.
By using the Site and/or Services, you acknowledge and agree that this Agreement sets forth security procedures that are commercially reasonable.
Tell us AT ONCE if you believe your Access Credentials have been lost or stolen, or if you believe that an unauthorized transaction has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of your eligible earned but unpaid wages accessible through the Services. If you tell us within 4 business days after you learn of the loss or theft of your Access Credentials, you can lose no more than $50 if someone used your Access Credentials without your permission. If you do NOT tell us within 4 business days after you learn of the loss or theft of your Access Credentials, and we can prove we could have stopped someone from using your Access Credentials without your permission if you had told us, you could lose as much as $500.
Also, if your Account shows transactions that you did not make or request, including those made with your Access Credentials or by other means, tell us at once. Accordingly, you should log into your Account regularly and review your transaction history for unauthorized transactions or access. If you do not tell us within 90 days after you received confirmation that funds were accessed, you may not get back any money you lost after the 90 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 agree to extend the time periods.
Telephoning is the best way of keeping your possible losses down.
Contact in the Event of Unauthorized Transfers
If you believe your Access Credentials have been lost or stolen, call 866.697.6016
or write:
Tapcheck Inc.
Attention: Customer Support Department
5850 Granite Parkway
Suite 1000
Plano TX 75024
or email us at support@tapcheck.com.
You should also call the number, write to the address listed above, or send an email if you believe an unauthorized transaction has been made without your permission.
Business Days
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Questions Concerning Transactions
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR TAPCHECK ACCOUNT MUST BE DIRECTED TO US, TAPCHECK, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT OR DEBIT CARD. We are responsible for the EWT service and for resolving any errors in transactions made with your Tapcheck Account.
We will not send you a periodic statement listing transactions that you make using your Access Credentials. The transactions will appear only on the statement issued by your bank or other financial institution. REVIEW YOUR TRANSACTION HISTORY IN YOUR ACCOUNT AND CHECK IT AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number, address, or email indicated above.
11. Confidentiality
We will disclose information to third parties about your Tapcheck Account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your Account for a third party, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
12. Third Party Account Information
To provide the Services, Tapcheck will need to retrieve Third Party Account Information. Tapcheck works with Employer Partners to access this Third Party Account Information. By enrolling in Tapcheck, you authorize Tapcheck to access information maintained by an Employer Partner and you expressly authorize that Employer Partner to disclose your information to Tapcheck. YOU ACKNOWLEDGE AND AGREE THAT WHEN TAPCHECK IS ACCESSING AND RETRIEVING THIRD PARTY ACCOUNT INFORMATION FROM AN EMPLOYER PARTNER, TAPCHECK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE EMPLOYER PARTNER. You also agree that you are responsible for keeping your passwords and usernames for this Third Party Account Information secure, and for keeping those passwords and usernames up to date in your Account. Tapcheck does not review the Third Party Account Information for accuracy, legality or non-infringement, and Tapcheck is not responsible for your Third Party Account Information or products and services offered by or on third-party sites.
13. Authorization for ACH Debits and Credits
By requesting an EWT, you provide several ACH authorizations to Tapcheck. First, you authorize Tapcheck to electronically credit your Bank Account for an EWT (less any applicable fees). Second, you also authorize Tapcheck to electronically debit your Bank Account for the amount of the EWT, if applicable, to correct erroneous credits or to reimburse Tapcheck for any test transaction amounts. Third, in the event of one or more failed payroll deduction(s) (see Section (g) of Paragraph 6), you authorize Tapcheck to debit any outstanding deductions and processing fees.
You acknowledge and agree that the initiation and transmission of each debit and credit will be subject to, and made in accordance with, U.S. Laws and NACHA Rules. In addition to any of your other representations and warranties in this Agreement, you represent that: (a) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (b) the ACH transactions you hereby authorize comply with applicable Law; (c) you have the right to authorize Tapcheck to charge your Bank Account for payments due to Tapcheck, including EWT amounts and Program Fees; and (d) if your Bank Account is jointly owned, you represent and warrant that you have the authority to independently enter into this Agreement.
The electronic authorization contained herein represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until the closure or termination of your Bank Account or until you notify Tapcheck that you wish to revoke this authorization by emailing Tapcheck at support@tapcheck.com, and providing Tapcheck a reasonable opportunity to act on it. Any cancellation or revocation notice must be received at least two (2) business days prior to the scheduled date of any electronic debit from your Bank Account. When you email, please include the name and telephone number associated with your Bank Account. Your failure to provide correct and complete information may make it impossible for Tapcheck to stop the debit.
If Tapcheck reasonably believes that you are using the Services or the Application to engage in criminal activity including but not limited to committing identity theft, fraud or other illegal activity, Tapcheck will use the legal options available to it.
14. Conduct
You are responsible for all of your activity in connection with the Services. You agree to comply with all applicable Laws in connection with your use of the Services. In addition, you will not, and will not permit any third party to, either (a) take any action, or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:
- is unlawful, fraudulent or deceptive;
- you know is false, misleading, untruthful or inaccurate;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any Law or contractual duty;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tapcheck or of any third party;
- impersonates any person or entity, including any of Tapcheck’s employees or representatives; or
- includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement.
Tapcheck reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable Law or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tapcheck, its users or the public.
15. Service Updates
The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services. Such updates may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services. Such updates shall be subject to the terms and conditions of this Agreement.
16. Warranty Disclaimer
THE SERVICES, YOUR ACCOUNT, AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TAPCHECK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES. TAPCHECK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, YOUR ACCOUNT, OR THE SITE, THAT THE SERVICES, YOUR ACCOUNT, OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, YOUR ACCOUNT, OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAPCHECK FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. THE SERVICES, ANY APPLICATION, OR THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TAPCHECK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TAPCHECK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR THE SITE. TAPCHECK MAKES NO WARRANTIES THAT YOUR USE OF OR ACCESS TO THE SERVICES OR THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES OR THE SITE BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY APPLICATION, OR THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAPCHECK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, DATA, USE, GOODWILL, PROFITS, OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS. TAPCHECK WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL THE TOTAL LIABILITY OF TAPCHECK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL, WANTON OR INTENTIONAL MISCONDUCT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAPCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. Indemnity
You agree to defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use and access of the Site, the Services, any Application, or your Account; (ii) any actual or alleged breach of your representations, warranties or obligations set forth in this Agreement; (iii) your violation of any applicable Law; (iv) your violation of the rights of any third party; (v) any unpaid EWT balance; (vi) the actions or inactions of any third party to whom you grant permission to use your Account or the Services on your behalf; (vii) any other party’s access and use of your Account or the Services with your unique login and password; or (viii) if your Bank Account is a joint account, from any claims by any other owner of the Bank Account.
19. Governing Law and Jurisdiction
This Agreement and any Disputes arising under or related to this Agreement will be governed by U.S. federal law and the laws of the State of Delaware, without reference to its conflict of law principles. Subject to and without waiver of the Agreement to Arbitrate set forth in paragraph 20 below, you agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue of the state and federals court of Delaware.
20. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
a. Arbitration
Except as explicitly provided in this Agreement to Arbitrate, Disputes that cannot be resolved directly between you and Tapcheck shall be resolved by binding arbitration administered by NAM in accordance with the NAM Rules then in effect, except as modified by this Agreement to Arbitrate. The NAM Rules are available at https://www.namadr.com/resources/rules-fees-forms/. Since you are accessing the Services through an employer sponsored plan, you acknowledge and agree that your employer (including an Employer Partner) is a third-party beneficiary of this Agreement to Arbitrate.
The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of the Agreement to Arbitrate in this Agreement, including the procedures governing Batch Arbitration, and any arbitration. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
b. Informal Dispute Resolution
There might be instances when a Dispute arises between you and Tapcheck. If that occurs, Tapcheck is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Tapcheck agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Tapcheck agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Tapcheck should be sent by email to legal@tapcheck.com or regular mail to our offices located at 5850 Granite Parkway, Suite 1000, Plano TX 75024. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. Tapcheck will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Tapcheck representative). The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
c. Exceptions to Arbitration
You and Tapcheck agree that the following Disputes are not subject to binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim subject to the jurisdiction of small claims court.
d. Arbitration Procedures
If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after the completion of the Informal Dispute Resolution Conference, if such Informal Dispute Resolution Conference was requested, whichever is later, you and Tapcheck agree that either party shall have the right to finally resolve the Dispute through binding arbitration. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Tapcheck should be sent by email to legal@tapcheck.com or regular mail to our offices located at 5850 Granite Parkway, Suite 1000, Plano TX 75024. Tapcheck will provide the Demand to your email or regular address on file. It is your responsibility to keep your contact information up to date. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and Tapcheck otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Plano, TX, or, at your election, in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”), unless applicable law requires otherwise, in which case such law will be followed. You and Tapcheck agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
e. Waiver of Class and Other Non-Individualized Relief
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Agreement to Arbitrate, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Agreement to Arbitrate, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Tapcheck agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in paragraph 16 above. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated, except as specified in subsection 20(c) above. This subsection does not prevent you or Tapcheck from participating in a class-wide or mass settlement of claims.
f. Jury Trial Waiver
YOU AND TAPCHECK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tapcheck are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in subsection 20(c) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
g. Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
h. Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Agreement to Arbitrate, including the enforceability, revocability, scope, or validity of the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
i. Attorneys' Fees and Costs
Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
j. Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Tapcheck agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Tapcheck by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing administrative arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process. In an effort to expedite resolution of any such dispute by the administrative arbitrator, the parties agree the administrative arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The administrative arbitrator’s fees shall be paid by Tapcheck. You and Tapcheck agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
k. Severability
Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Agreement to Arbitrate (other than subsection 20(j)) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement to Arbitrate shall continue in full force and effect. However, if the “Batch Arbitration” provision of this Agreement to Arbitrate is found under the law to be invalid or unenforceable then, in that case, the entire Agreement to Arbitrate shall be void, and the parties agree that all Disputes will be heard in the state or federal courts indicated by paragraph 19 above. You further agree that any Dispute that you have with Tapcheck as detailed in this Agreement to Arbitrate must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
l. Opt-Out Procedure
You have the right to opt out of the provisions of this Agreement to Arbitrate by sending written notice of your decision to opt out to: legal@tapcheck.com, within thirty (30) days after first becoming subject to this Agreement to Arbitrate; after the first time you accept this Agreement to Arbitrate, if you do not timely validly opt out then, you will not have the ability to subsequently opt out of this Agreement to Arbitrate, even if you accept the Agreement to Arbitrate again in the future. Your notice must include your name and address, the email address you used to set up your Tapcheck account (if you have one), and an unequivocal statement that you want to opt out of this Agreement to Arbitrate. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Tapcheck’s rights. If you opt out of this Agreement to Arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Agreement to Arbitrate to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
m. Modification
You and we agree that Tapcheck retains the right to modify this Agreement to Arbitrate in the future. Any such changes will be posted at https://www.tapcheck.com/end-user-license-agreement and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if Tapcheck makes any future material change to this Agreement to Arbitrate, it will notify you. Your continued use of the Tapcheck Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Agreement to Arbitrate, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt of arbitration then, changes to this Agreement to Arbitrate do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Tapcheck will continue to honor any valid opt outs of the Agreement to Arbitrate that you made to a prior version of these Terms.
21. Notices
Tapcheck may give notice by any reasonable means, including, but not limited to, a general notice on the Site, by electronic mail to the email address on record in your Account, by posting in your Account, or by written communication sent by first class mail to the address of record in your Account. Such notice shall be deemed given immediately upon posting to the Site or to your Account, six (6) hours after sending by electronic mail, or forty-eight (48) hours after sending by first class mail or through any other method of notice. Except as provided herein, you may give notice to Tapcheck by mail using a nationally recognized overnight delivery service or first class mail to Tapcheck at the address listed below under “Contact Us.” Such notice shall be deemed given when received by Tapcheck.
22. Headings
Headings in this Agreement are used for convenience or reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
23. No Waiver
No delay or failure to enforce any provision of this Agreement shall constitute a waiver of any other provision, nor shall such delay or failure to enforce constitute a waiver of any subsequent default or breach.
24. Severability
Except as set forth in sub-section k of Paragraph 20 ("DISPUTE RESOLUTION"), if any clause or provision set forth in this Agreement is held to be illegal, invalid or unenforceable by a court, such clause or provision shall be struck and the remaining clauses or provisions of this Agreement will remain in effect to the fullest extent under law. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.
25. Assignment
You may not assign your rights and obligations under this Agreement to any third party without Tapcheck’s prior written consent. Any attempted assignment or transfer in violation of this paragraph will be null and void.
Tapcheck may assign, sell, transfer, or convey any of its rights or delegate its obligations hereunder without notice to you and without your consent, including, but not limited to, any rights, title, and interest in, and to, any processing fees or any other fees, charges, funds, or costs, as authorized by this Agreement. Subject to the foregoing restrictions, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.
26. Force Majeure
Tapcheck shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, acts of third parties, epidemic/pandemic, and/or any other causes or events beyond Tapcheck’s reasonable control.
27. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes and replaces any and all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement.
28. Third Party Beneficiaries to this Agreement
You and Tapcheck acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, each Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability and indemnification, as a third-party beneficiary thereof. Except as expressly stated herein, including the rights of the Indemnified Parties, there are no other third-party beneficiaries to this Agreement.
29. Miscellaneous
No joint venture, partnership, employment, or agency relationship exists between you, Tapcheck or any third party provider of the Services as a result of this Agreement or use of the Services.
Except as expressly set forth in the Agreement, the exercise of any remedy under this Agreement will be without prejudice to other remedies available under this Agreement or otherwise.
30. Electronic Communications
a. Consent to Electronic Communications
You consent to receive communications from Tapcheck electronically, unless and until you withdraw your consent as described below. You agree that all agreements, notices, disclosures and other communications that Tapcheck provides to you electronically satisfy any legal requirement that such communications be in writing. You should print a paper copy of this Agreement and any communication that is important to you and retain the copy for your records.
Tapcheck reserves the right, in its sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which Tapcheck provides electronic communications. Tapcheck will provide you with notice of any such termination or change as required by Law.
b. Withdrawal of Consent to Electronic Communications
Consent to electronic communications is required to use the Services. If you withdraw your consent to receive communications electronically, you must stop using the Services immediately and close your Account by contacting support@tapcheck.com. There are no fees to close your Account with Tapcheck. Any withdrawal of your consent to receive electronic Communications will be effective only after Tapcheck has a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
31. Monitoring and Recording of Communications
Your use of the Services, any Application, or your access to the Site may be monitored and recorded by Tapcheck and/or any of its affiliates, subsidiaries, agents, or vendors. By using the Site, Services, or any Application, you consent to such monitoring and recording and agree you have no expectation of privacy in these communications or their use.
You further understand and agree that your communications with Tapcheck may be monitored and recorded by Tapcheck or any of its affiliates, subsidiaries, agents, or vendors. By communicating with Tapcheck, in any manner, including but not limited to through use of any the Site, the Services, any Application, telephone call, or through use of any chat features available on or in the Site, Services, or any Application, you consent to Tapcheck monitoring and recording any such communication and agree you have no expectation of privacy in these communications or their use. Tapcheck may share the contents of any such recording consistent with the terms of its Privacy Policy.
You also understand and agree that consistent with the terms of the Privacy Policy, Tapcheck, whether on its own or through services provided to Tapcheck by any affiliates, subsidiaries, agents, or vendors, may use devices, processes, or software, including but not limited to equipment which may qualify as a pen register and/or trap and trace device to capture, record, or decode (1) any dialing, routing, addressing, or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, or (2) any incoming electronic or other impulse or signal that identifies the originating number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication.
32. Communications by Phone (Phone Calls and Text Messages)
a. Consent to Communications by Phone
By entering into this Agreement and using the Services, you agree to receive transactional and marketing communications from Tapcheck relating to your Account and the Services by phone, including but not limited to telephone calls or text messages (including messages sent by SMS, MMS, or any other mechanism that exists now or in the future) to each telephone number provided by you to Tapcheck regarding the Services, including any cell phone numbers or phone numbers listed on any state or federal Do Not Call list. You understand and agree that such phone communications may be placed using an automatic telephone dialing system, a pre-recorded or artificial voice, any automated system for the selection and/or dialing of telephone numbers, or any other equipment which allows for the automatic placement of phone calls or text messages.
You are responsible for any message, data rates or fees that your telephone service provider charges in relation to phone calls or text messages sent and received by you. If you have any questions regarding those rates, contact your wireless carrier.
b. Withdrawal of Consent to Communications by Phone
Your consent to communications by phone is required to allow Tapcheck to contact you and to use the Services. If you wish only to withdraw your consent to have communications provided via text message, you may opt-out by replying “STOP” to any message you receive from Tapcheck. Upon receipt of your “STOP” message, Tapcheck will send you a single text message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Tapcheck. Tapcheck sends both transactional and marketing messages; you may need to reply "STOP" to both types of messages to completely opt-out.
If you wish to opt out of all communications by phone, you must immediately stop using the Services and close your Account, using the instructions provided in this Section.
33. Notice to South Carolina Residents
South Carolina residents may share any comments and concerns about Tapcheck or its product and practices with the South Carolina Department of Consumer Affairs at https://consumer.sc.gov or 803-734-4200.
34. Notice to Utah Residents
Utah residents may share any comments and concerns about Tapcheck or its product and practices with the Utah Department of Commerce, Division of Consumer Protection at https://db.dcp.utah.gov/complaints.html, consumerprotection@utah.gov, or (800) 721-7233.
35. Contact Us
If you have any questions regarding this Agreement, please contact Tapcheck by sending an email to support@tapcheck.com, or writing to Tapcheck at 5850 Granite Parkway, Suite 1000, Plano TX 75024, Attention: Customer Support Department.