Terms and Conditions

1. Acceptance of Agreement

2. Assignment of Agreement

3. Eligibility

4. Privacy Policy

5. Services

6. Fees

7. Application Update

8. Modification

9. Communications Between You and Us

10. Complaints

11. Limitation of Liability and Damages

16. Disclaimer of Warranty

17. Errors and Omission

18. Governing Law & Agreement to Arbitrate

These Terms and Conditions govern the availability and use of the Elevate Pay Services. Please read these terms carefully. This agreement contract is between you and Bloom Financial Technologies Inc. (trading as “Elevate Pay”) and covers all aspects of your use of our Services, which include the website, app and any other materials produced by Elevate Pay. These terms apply in full force and is binding as of the first date you access our services, and when you register to use the Elevate Pay Services, create an Elevate Pay Account, access our Services, or otherwise interact with us, you agree to be bound by this Agreement’s terms and conditions and consent agree to receive communication relating to the Services or your Elevate Pay Account in electronic format (as set forth in our Electronic Delivery of Communications & Electronic Signature Policy). Additionally, you are responsible for regularly reviewing these Terms and Conditions.

In this Agreement, “you” or “your” refers to the person(s) subscribing to or using Elevate Pay Services; “we”, “us” or “our” refers to Bloom Financial Technologies, Inc. trading as Elevate Pay.

1. Acceptance of Agreement

By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the following terms of conditions set forth in this Agreement. If you do not agree with these terms and conditions, you may not access or use the Services.

2. Assignment of Agreement

You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties, without notice to you.

3. Eligibility

The use of our website and services are subject to certain restrictions, including geographic limitations and are directed to people aged 18 and above. You are only permitted to use the Services if you are 18 or older. We do not knowingly contract people younger than the age of 18. You affirm that you are at least eighteen (18) years old and legally allowed to enter into this Agreement.

4. Privacy Policy

Please see our Privacy Policy for details regarding the manner in which we collect and use information about you and maintain the confidentiality of your personally identifiable information. Your access or use of the Services constitutes your agreement to the terms and conditions of our Privacy Policy, and our use of information gathered about you in accordance with that policy. Our Privacy Policy may be revised from time to time. We will notify you of the changes by email, or by posting a modified Privacy Policy that you can view through your account. Your continued use of the Services following such notification or posting will constitute your acceptance of the revised Privacy Policy. Accordingly, please check regularly for revisions to our Privacy Policy.

5. Services

Account Opening & Limitations

In order to use the Services, you must create an account (an “Account”) with Elevate Pay. You agree that the information you provide to Elevate Pay on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. We also request that you create a password for your Account and that you agree not to disclose your password to anyone else. We treat all activities under an Elevate Pay Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity. You may only open one Elevate Pay Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Elevate Pay may close or merge these duplicate accounts without notification to you.

Please notify us immediately of any unauthorized use of your password or Account. We are not liable for any loss or damage from your failure to comply with these requirements.

US Patriot Act Notice

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government of the United States of America fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: (i) When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you; (ii) We may also ask to see your driver’s license or other identifying documents.

Account Security

You are solely responsible for maintaining adequate security and control of any email IDs, passwords, or other details you use to access your Elevate Pay Account and Services. You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding account access and security. In the event you share your password details, Elevate Pay will not be liable to you for losses or damages. If you allow another person to have access, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by such use. You are wholly responsible for the use of the Elevate Pay Services according to these Terms and Conditions.

You will also take all reasonable steps to protect the security of the personal electronic device through which you access Elevate Pay’s services (including, without limitation, enabling 2FA, using PIN and/or password-protected personally configured device functionality to access Elevate Pay’s services and not sharing your device with other people).

We rely on you to regularly check the transaction history of your Elevate Pay Account. In case of any unauthorized, incorrect, or misdirected transaction, or if you suspect that your Elevate Pay Account has been compromised you must contact Elevate Pay through our Help Center. Any undue delay in notifying us may not only affect the security of your Elevate Pay Account but may result in you being responsible for financial losses.

We may suspend your Elevate Pay Account or otherwise restrict its functionality if we have concerns about:

the security of the Elevate Pay Account or any of its security features; or
unauthorized or fraudulent use of your Elevate Pay Account or any of its security features.

We will notify you of any suspension or restriction of your Elevate Pay Account and of the reasons for such suspension or restriction as soon as we can, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

You are responsible for all losses relating to an unauthorised transaction from your Elevate Pay Account if you have acted fraudulently or failed, either intentionally or through gross negligence, to use your Elevate Pay Account in accordance with the terms of this Agreement.

If you believe your Elevate Pay login information has been lost or stolen you must immediately contact Elevate Pay through our Help Center.

Identity Verification

You hereby authorize Elevate Pay, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.

Banking Services

Elevate Pay is a financial technology provider and not a bank. Banking Services are provided by Bangor Savings Bank (“the bank”); Members FDIC. The issuance of a Card, Deposit Account and other Banking Services by Bangor Savings Bank to the Customer creates a customer relationship between Bangor Savings Bank and the Customer. By agreeing to use these services you will need to agree to the terms and conditions in the agreement with Bangor Savings Bank (“Bank Agreement”).

The banking services provided by the bank include but are not limited to :

FDIC-Insured deposit accounts that are non-interest bearing.
ACH deposits and withdrawals.
Domestic Wire Transfers.
Card Issuance.

Elevate Pay carries the authority to refuse or to accept any customer to complete any command to transmit, receive, send, or withdraw money held in your Elevate Account at any time. We reserve the right to reject or limit payments at any time at our sole discretion. Reasons for refusal may include but are not limited to insufficient balance, incorrect recipient details, reasons related to compliance with anti-money laundering and counter-terrorist financing regulations, or Elevate Pay’s risk tolerance. When rejecting a payment, Elevate Pay will generally attempt to contact you with the reason (where possible) and whether it can be corrected. Elevate Pay will not notify you of the reason if it is not lawful.

In certain instances, you may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.

Issues

You must make sure that the information you provide to us when you send or withdraw money is accurate. Once a transaction is processed, it cannot be reversed (except where, and to the extent, required by applicable law) and, except as expressly set forth in this Customer Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

In the event that Elevate Pay receives inaccurate payment information which is later rejected, you may be charged payment rejection fees which may be deducted from your current payment or any future payments. We reserve the right to reverse a payment in case of an erroneous payment or if the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) a payment which was used to fund the payment to you.

Payments to you may be invalidated and reversed by Elevate Pay if:

Our investigation of a bank reversal (sometimes known as an ACH return) finds that the transaction was fraudulent.
Elevate Pay sent the payment to you in error.
The payment was unauthorized.
You received the payment for activities that violated this Customer Agreement, the Acceptable Use Policy, or any other agreement between you and Elevate Pay.

If you receive a payment that 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 fee described below). If your Elevate Pay Account goes into a negative amount, including as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you or a third party, that negative amount represents an amount you owe to Elevate Pay and you promise to repay the negative amount immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative amount from you, for example, we may use a debt collection service or take further legal actions. We may charge you for any costs we may incur as a result of these collection efforts.

If you believe there to be an error in connection with a transaction or other problem, then you should notify Elevate Pay support immediately through our Help Center.

The following are not considered Errors:

If you give someone access to your Elevate Pay Account (by giving them your login information) and they use your Elevate Pay Account without your knowledge or permission. You are responsible for transactions made in this situation;
Invalidation and reversal of a payment or transaction as a result of reversals and chargebacks;
Requests for duplicate documentation or other information for recordkeeping purposes;
A change requested by the recipient of funds sent from you;
Delays or restrictions that result from Elevate Pay applying holds or limitations. Our decision about holds or limitations may be based on confidential risk management procedures and the protection of Elevate Pay, our customers and/or service providers. 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;
Delays or restrictions based on a review of a potentially high-risk transaction;
Your errors in making a transaction (for example, mistyping an amount of money that you are sending or choosing an incorrect recipient currency).
Delays or restrictions due to actions of third parties (e.g, your or a recipient’s bank, our international transfer third-party partners)

International Transfers with Third-Party Partners

Elevate Pay may allow you to make international transfers to bank accounts and wallets through third-party partners. As third-party partners are involved in processing international transfers, we are not responsible for all stages of an international transfer. Consequently, we cannot guarantee that it will always be possible to complete an international transfer. If we become aware that an international transfer has been rejected or unduly delayed, we will try to help you retrieve the funds. Where an international transfer fails for a reason which is entirely under our control, we will return the funds in full to your Account. Where the failure is due to reasons which are not entirely under our control, the funds may need to be reconverted to the currency that your Account is denominated in before we can return them to you and you may receive less than you originally paid. If you include incorrect payee information on the international transfer instruction, we will try to help you recover the funds, but may charge you a fee for doing so. We cannot guarantee that we will be able to return the funds to you.

Elevate Pay may use multiple third-party partners for services related to international transfers and it is at Elevate Pay’s sole discretion which partner is used for the transfer.

Exchange Rates

When we refer to an exchange rate in this Customer Agreement, it means the exchange rate at the relevant time for the relevant currency pair (for example, USD to GBP, USD to KES) that is offered by the third-party provider in addition to a spread that Elevate Pay may add at our own discretion.

The exchange rates displayed at the time of the transfer initiation and before confirmation is not a guaranteed exchange rate. Any changes in the exchange rate offered by the Third-Party provider between you confirming the transaction and Elevate Pay executing the transaction may result in a canceled payment.

Elevate Debit Card (Mastercard)

You must maintain an Elevate Account under the terms of this Agreement to be eligible for a card. Elevate only issues virtual cards that may be used with Apple Pay or Google Pay. Your card is issued by Bangor Savings Bank and you will be required to agree to the Bank Agreement.

You must agree to the terms of this Agreement to use your Card, and if you do not agree, do not use the Card and cancel it. By activating or using the Card you agree to the terms of this Agreement under which the Card has been issued.

Issuance Conditions

Elevate may also require you to meet additional conditions before you can be issued with a card. Elevate Pay may change these conditions at our sole discretion and at any time. Such conditions may include, without limitation, the provision of a deposit and the provision of documentation evidencing source of funds.

Meeting these conditions does not guarantee issuance of an Elevate Card. We may require additional documentation or contact you for further clarification. Elevate is under no obligation to issue you with an Elevate Card.

Activation

Your card must be successfully activated before it can be used. Virtual cards issued by Elevate may be activated automatically on issuance.

Card Restrictions

You cannot use your card, directly or indirectly, in any manner that violates our terms or those of our partners. Examples of violations include, without limitation:

For illegal purposes (for example, committing fraud);
In a way that we reasonably believe might harm our ability to provide our services;
Only to send money to and receive money from a card account;
For any transactions to receive cash other than making a withdrawal from an ATM (cash machine);
To give Elevate Cards to any other person;
To allow anyone else to have access to or use your Card;
To abuse, exploit or get around any usage restrictions set by a service provider your Elevate Card is registered with. For example, you must only use one Elevate Card for any particular service provider that offers a free subscription or trial period;
To trade in foreign currencies for speculative purposes (that is, to take advantage of any expected rise or fall in the value of a currency) or to take advantage of discrepancies in the foreign exchange market.
To purchase any form of cryptocurrency or electronic money digital token.

The above is not an exhaustive list and you must meet the requirements set in the Elevate Acceptable Use Policy.

Card Limits

Elevate may limit withdrawals and spend on the Elevate card. These limits may be changed from time to time at our sole discretion without notice to you except as required by law, for security or other reasons.

Unauthorized Transactions

An Unauthorized Card Transaction occurs when your Card is used and it was not authorized by you and did not benefit you. For example, if someone steals your Card, and uses your Card, an unauthorized Card Transaction has occurred. The following are not considered unauthorized Card Transactions: (i) if you give someone access to your Card and they use your Card without your knowledge or permission. You are responsible for transactions made in this situation.

You agree to exercise reasonable control over your Card and Access Information. If you believe your Card or Access Information has been lost or stolen, or if you believe that transactions have been made in your Elevate Account without your permission using your Card you must immediately contact Elevate through the Help Center. You could lose all the money in your Elevate Account.

Disputes

If you think there has been an error with respect to a Card Transaction you must immediately contact Elevate Pay through our Help Center.

“Card Errors” include the following:

A transfer of funds that you did not authorize.
A duplicate transaction that you did not authorize.
A recurring transfer that you had canceled prior to the occurrence of the transaction.
An incorrect transfer amount
An ATM transaction that appears to have occurred by where the funds were not dispensed.

Card Errors do not include buyer’s remorse, issues with the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or if you do not receive those goods or services, or routine inquiries about the balance in your Elevate Pay Account or a request for documentation or for other information for your record keeping or tax purposes.

We must hear from you no later than sixty (60) days after the earlier of the date you electronically accessed your Card Account, if the error could be viewed in the electronic history, or the date that you first received written history from Elevate Pay on which the error appeared.

When notifying Elevate Pay of any error you must provide:

Your name, address and card number;
Why you believe there is an error, and the dollar amount involved; and
Approximately when the error took place.

Elevate Pay will determine whether an error occurred within ten (10) Business Days after it hears from you and will correct any error promptly. If we need more time, however, Elevate Pay may take up to forty-five (45) days to investigate your complaint or question. If Elevate Pay decides to do this, we will provisionally credit your Card within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If Elevate Pay asks you to put your complaint or question in writing or email and you do not provide it within 10 Business Days, we may not credit your Card Account.

For new Cardholders (those who made their first transfer to their Elevate Pay Account less than 30 days before the potential Card Error occurred), we may take up to 20 Business Days to credit your Elevate Pay Account for the amount you think is in error. For point-of-sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. If we decide that no Card Error occurred, we will send you a written explanation and debit any provisional credit we may have given you. You may ask for copies of the documents that we used in our investigation.

Card Acceptance and Closure

Elevate Pay is not responsible and has no liability if your Card is not accepted for a charge. We can suspend or cancel your Card, including if the activity on your Card appears suspicious, fraudulent or we believe it to be associated with criminal activity or inconsistent with this Agreement. Unusual or multiple purchases may prompt a merchant inquiry or Card suspension to allow us to investigate such unusual activity. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card or may revoke Card privileges with or without cause or notice, other than as required by applicable law. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card.

Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

Termination

Elevate Pay Terminating the Account

We may at our sole discretion, and at any time, end this agreement, establish certain transaction limits, close your Elevate Account, or any service associated with it, by giving you 14 days notice.

We may do so without notice if we suspect:

your violation of these Terms and Conditions
your provision of any false, incomplete, inaccurate, or misleading information
you are engaged in fraudulent, money laundering, terrorism financing or illegal activity or we reasonably suspect the same
we reasonably believe that your Elevate Pay Account has been compromised or for other security reasons
if we are required to do so under any applicable law or regulation, or at the direction of any regulatory, law enforcement or other competent authority.

We shall notify you either prior to the suspension or termination or, if prior notification is not possible under the circumstances, promptly after the suspension or termination, unless we are prohibited by law to notify you.

If for any reason more than one person is authorized to withdraw funds from your Account or electronically access your Account, we cannot stop that person from using the Services. If we terminate your use of the Services, we reserve the right to make no further transfers, payments or transactions from your Account, including any transfers and transactions you have previously authorized. If you do not log on to the Services for an extended period of time, your service may be considered inactive. We reserve the right to terminate your access to the Services without notification to you if it has been inactive for 90 consecutive days.

Upon termination of this Agreement: you understand and acknowledge that we will have no further obligation to provide or allow access to your Account or the Services. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. Elevate Pay is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE ELEVATE PAY SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, except as may be required by applicable law or as provided in our Privacy Policy, Elevate Pay will have no obligation to store or maintain (or delete or destroy) any information stored in our database or to forward any information to you or any third party.

You Terminating the Account

You may end this Customer Agreement and close your Elevate Pay Account at any time by contacting our Help Center.

At the time of closure, if you still have money in your account, you must withdraw your money within a reasonable period of time. You must not close your Elevate Pay Account to avoid an investigation. If you attempt to close your Elevate Pay Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Elevate Pay account even after it is closed.

Following termination we will store information about you for the following period of time: 5 years as determined by us in accordance with applicable laws and regulatory requirements.

We reserve the right to carry out any necessary checks relating to money laundering, terrorism financing, fraud or other illegal activity before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Elevate Pay Account.

6. Fees

You will be charged for Elevate Pay Services. You may view the fee structure on our Pricing Page. For clarity, the fees applicable to you on the Pricing Page form part of this Customer Agreement and are subject to change. Our fee does not include any fees that your bank or the recipient’s bank may charge.

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

7. Application Update

From time to time, Elevate Pay may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Elevate Pay Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Elevate Pay Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Elevate Pay reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.

8. Modification

Elevate Pay reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all of the Services without advance notice. All modifications and additions to the Services shall be governed by this Agreement, unless otherwise expressly stated by Elevate Pay in writing. Elevate Pay may, from time to time, modify the Agreement. Please check this Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Agreement in effect that the time the dispute arose. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this Agreement.

9. Communications Between You and Us

Elevate Pay may communicate with you about your Elevate Pay Account and the Services electronically as described in our Electronic Communications Delivery & E-Signature Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website 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 Day after we send it or within five days of posting for international post.

We usually contact you via email. For this reason, you must at all times maintain at least one valid email address in your Elevate Pay Account profile. You are required to check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may, and you agree that we may, also communicate with you via SMS. Any communications or notices sent by Text messages (SMS) will be deemed received the same day.

10. Complaints

If you have a question or complaint regarding the Services, please send an email through our Help Center.

11. Limitation of Liability and Damages

In no event shall we or our affiliates, or their respective content or service providers, or any of our or their respective officers, directors, employees, contractors or suppliers or agents be liable to you for any loss including, without limitation loss of data, injury or damages, whether direct, indirect, special, incidental, exemplary or consequential, including lost profits, lost business or sales, or any other type of damage whether based in contract or tort (including negligence), strict liability or otherwise, arising out of or related to this Agreement or the subject matter herein even if we have been advised of the possibility of such loss, injury or damages. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you.

12. Indemnification

You agree to indemnify us and hold Elevate Pay and our affiliates and our and their respective directors, officers, agents, employees harmless from any claim, cost, loss, expense (including legal fees) or damage arising, related to or in connection with your use of our website, your violation of the Terms, or posting or transmission of any materials on or through the website by you, including but not limited to , any third party claim that any information or materials provided by you infringe upon any third party proprietary rights directly or indirectly from your failure to comply with this Agreement.

13. Force Majeure

We shall not be liable for any delay or failure in the performance of our obligations under these Terms (including any delay in payment), or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

14. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

15. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any single or partial exercise of a right or remedy by us shall not preclude further exercise therefore or the exercise of any other right or remedy by us. No waiver by us shall be valid unless in writing signed by us.

16. Disclaimer of Warranty

The Services are provided “as is,” “as available” without warranties, representations or conditions of any kind. To the maximum extent permitted by law, we expressly disclaim and you hereby waive all warranties of any kind, either express or implied without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. Elevate Pay Services are not error free, and due to the nature of the services may not be continuously available to the reasonable extent such an industry permit.

17. Errors and Omission

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice. Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

18. Governing Law & Agreement to Arbitrate

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Customer Agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Customer Agreement and any claim or dispute that has arisen or may arise between you and Elevate Pay, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Elevate Pay, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Elevate Pay and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.