Last Updated August 10, 2020
Paymints.io’s digital platform allows home buyers the ability to securely send funds for earnest money, cash to close for refinances, and more. Paymints.io is fully electronic, secure, and compliant and eliminates the need for borrowers, buyers, sellers, and real estate agents to write paper checks and send wires. Our goal is to save you time, by avoiding lines at the bank; money, by lowering fees; and saving the environment by eliminating the use of paper and reducing CO2 emissions.
b. Disclaimer to Consumer Using the Services. You understand and agree that Paymints.io is not representing you as a real estate agent or broker or property manager. Also by using the Website or the Services, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. Paymints.io does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and Paymints.io is not responsible for their actions. All terms and conditions between a Consumer and a real estate professional are governed by a separate legal agreement that does not involve Paymints.io and is solely between the Consumer and the real estate professional. Paymints.io does not endorse, validate, or recommend any legal agreements between Consumers and real estate professionals. Please consult your own attorney.
c. By using the Services, you certify that you are eighteen (18) years or older and that all of the information provided incident to using the Services is true, accurate, complete and up to
date. You must also establish a user identification and password, and you agree to keep them strictly confidential and not to share them with others.
All parties agree that the Paymints.io service can only be used to legally bind and execute real estate contracts.
All parties understand that Paymints.io is not a real estate brokerage or escrow holding company.
All parties understand that Paymints.io uses the Automated Clearing House (ACH) to transfer money.
All parties agree that payments made through Paymints.io to legally bind and execute real estate contracts are considered authorized debits as defined by NACHA, and cannot be recalled, returned, or reversed.
All parties agree that a dispute over a payment made through Paymints.io to legally bind and execute a real estate contract will be handled by the parties involved and in compliance with local laws.
All parties agree that Paymints.io is not a party to real estate contracts and will only provide records when legally obligated to.
All parties agree that Paymints.io will be held totally and completely harmless if there are disputes over payments made through Paymints.io.
All parties agree that an attempt to recall, return, or reverse an authorized payment made through Paymints.io when legally bound by a real estate contract, or involved in a legal dispute over an authorized payment, is a crime.
If a payment is made in error, the parties involved agree to notify Paymints.io in writing within 10 business days to correct the error. All parties agree that Paymints.io will have 30 calendar days from the notification date to respond and/or correct the error.
All parties agree to act lawfully when using the Paymints.io platform to legally bind and execute a real estate contract.
4. Use and Access of our Website
By using this Website, you accept and agree with these terms and conditions whether or not you complete a transaction with Company and whether or not you complete a transaction on our Website or through any other channel associated with Company. By using this Website and our Services, you represent and warrant to us that you are of sufficient legal age to enter into this Agreement. You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity. You represent and warrant that the information that you provide to us will be current, true and accurate. Any incorrect or incomplete information may affect the value of our service.
We reserve the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Website. You agree that you may not use or attempt to use any part of this Website to represent that you have any affiliation with Paymints.io without express written permission from us. You agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website.
5. Indemnification and Limitation of Liability
You agree to indemnify Paymints.io and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Website and/or your breach/violation of or failure to comply with the Agreement. Neither Paymints.io nor any of our affiliated persons will be liable to you for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions of any such person in preparing, reporting or delivering the Services, verifying your identity, or in doing anything related thereto. Neither we nor the affiliated persons will be liable to you for direct, special, indirect, incidental, consequential, punitive or emotional distress damages in connection with your use of this Website, any use or reliance upon information found at this Website or provided by us or any Services provided at this Website or through any other medium, even if advised of the possibility of such damages.
6. Communications Consent
You acknowledge and agree that we may contact you via electronic means, including e-mail, calls and text messages, at the email address and telephone number provided by you telemarketing or non- telemarketing purposes. You further agree that we may make this contact by using a predictive dialer or an automatic telephone dialing system, and/or by using an artificial or prerecorded voice. You agree to notify us promptly if a telephone number you provided to us is no longer a number at which you may be
reached (such as in the event of number reassignment or if you want to revoke your consent to be contacted by telephone). Please note that mobile messaging, text, and data rates may apply.
7. Consent For Election Signatures, Records And Disclosure
Please read this information carefully and print a copy and/or retain this information for future reference.
a. Introduction. This section notifies you of your rights when receiving electronic disclosures, notices, and information. Using the Website and/or Services and agreeing to this Agreement, you acknowledge that you received this notice and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“disclosures”).
b. Option for Paper or Non-Electronic Records. You may request any disclosures in paper copy by contacting the third party lending platforms directly.
c. Scope of Consent. This consent applies to all interactions you have with Paymints.io, the Website, and/or the Services, and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. Disclosures may be provided through the Website or by e-mail.
d. Hardware and Software Requirements. To access and retain this Agreement and all disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe®Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of this Agreement and all disclosures for future reference.
e. Withdrawing Consent. You may withdraw your consent by contacting us at email@example.com or 1 833-536-6627. If you decide to withdraw this consent, the legal effectiveness, validity, and enforceability of any and all prior electronic disclosures will not be affected.
f. Change To Your Contact Information. You should keep us informed of any change in your electronic address or mailing address. You may update such information by logging into your Paymints.io account on the Website or by contacting us at firstname.lastname@example.org or 1 833 536 6627.
8. No Warranty
Much of the data contained in the paymints.io is provided to us by third parties and therefore we do not control the accuracy or completeness of the information contained in the Services. The content, Services, calculations, information, products and materials on or available through this Website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, Paymints.io disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement. We make no representation or warranty regarding the content, Services, calculations, information, products or materials, or the use or results of use of the content, Services, calculations, products or materials, on or available through this web site. The content, Services, calculations, information, products and materials on or available through this Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their
respective dates of preparation or publication.
9. Third Party Sites
10. Intellectual Property Ownership and License
a. Copyright. All materials (including source code, data, images, and other content) contained in the Website, including the selection and arrangement of the materials, are owned by Paymints.io or are licensed by Paymints.io for use on the Website.
b. Trademarks. Paymints.io, the Paymints.io logos and other Paymints.io trademarks, service marks, graphics, and logos used in connection with the Website and services are trademarks or registered trademarks of Paymints.io. Other trademarks and logos used in connection with Paymints.io may be the trademarks of their respective owners, and such use is not intended to grant us any rights in such trademarks.
c. Other Intellectual Property. Paymints.io also owns trade secrets and know-how that contribute to the functionality of the Website and services.
d. Restrictions. Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use (or misuse) of the Website any of its components. We may revoke your permission to access and use the Website or Services, and we may block or prevent you from accessing the Website or Services, in our sole discretion without notice. If you violate this Agreement, your permission to access and use the Website and/or Services is automatically revoked.
e. Reservation of Rights. Paymints.io reserves all of its intellectual property rights in the Website. This Agreement does not grant you any right or license with respect to any trademarks and logos.
11. Not A Credit Repair Organization Or Contract
Paymints.io is not a credit repair organization and does not provide any form of credit repair advice or counseling. We do not offer, provide, or furnish any Services, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating. By this we mean that we do not claim we can “clean up” or “improve” your credit record, credit history, or credit rating. These items (credit record, history, and rating) are based on your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed.
12. Equal Housing Opportunity
Paymints.io complies with all applicable laws, regulations, and policies regarding the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
13. AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.
a. Binding Arbitration. Any Claim (as defined below) raised by either you or Paymints.io against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term “Claim” or “Claims”; means any claim, dispute, or controversy between you and us relating in any way to your relationship with Paymints.io, including but not limited to any Claim arising from or relating to this Agreement, the Services or this Website, or any information you receive from us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims you may assert against Paymints.io or its subsidiaries, affiliates, successors, assigns, employees, and agents. The term “Claim”; shall have the broadest possible construction.
b. No Class or Representative Arbitrations. The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or
representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, you will be forfeiting your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.
c. Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with Paymints.io or the delivery of Services to you. In order to exclude yourself from the arbitration provision, you must notify Paymints.io in writing within 30 days of the date that you first accept this Agreement on the Website. To be effective, timely written notice of opt out must be delivered to [ADDRESS] and must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Paymints.io through arbitration. If you have previously notified Paymints.io that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and you must pursue your Claim in arbitration or small claims court.
d. Initiation of Arbitration. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or this Agreement, in which case the terms of this arbitration provision and this Agreement will govern. The AAA’s rules may be obtained at www.adr.org, or by calling the AAA at 1-88-778-7879. To commence an arbitration, you must file a copy of your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under this Agreement. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”). Any claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.
e. Payment of Arbitration Fees and Costs. In the event you file a Claim in arbitration in accordance with these provisions, we will advance all arbitration filing fees if you ask that we do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by us to the AAA. Such requests should be mailed to [ADDRESS]. We will also pay all arbitrator fees. If Paymints.io prevails in the arbitration, then the arbitrator shall have the authority to require that you reimburse Paymints.io for the filing fees advanced, but only to the extent such fees would be recoverable by us in a judicial action. You are responsible for all other fees and costs you incur in the arbitration, including attorney’s fees and expert witness fees, except that the arbitrator shall have the authority to award attorney’s fees and costs to the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in your favor and the arbitrator expressly determines that there is a good reason for requiring us to pay those fees and costs.
f. Continuation. This arbitration provision shall survive: (i) termination or changes in this Agreement or the relationship between you and us; and (ii) termination or changes in our providing any Services to you.
g. Small claims court. Notwithstanding anything in this section, either you or Paymints.io may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as your address that you most recently provided to Paymints.io according to Paymints.io’s records in connection with this Agreement.
14. Other Legal Terms
a. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision
will be modified so as to render it enforceable and effective to the maximum extent possible
in order to effect the intention of the provision.
b. Notices. You may contact us here email@example.com or 1 833 536 6627, or via mail or courier at:
8000-8008 Corporate Center Drive, Suite 204
Charlotte, NC 28226
c. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Paymints.io regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
d. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
e. Amendments to This Agreement. We reserve the right to modify, supplement, or replace all or any portion of the terms of this Agreement at any time by posting it on the Website.
f. Governing Law. This Agreement shall be governed by, interpreted, construed, applied and enforced in accordance with the laws of the State of Delaware. The courts of Delaware, or the federal court of the United States situated therein, as applicable, shall have sole and exclusive jurisdiction over any action, claim, demand, proceeding or lawsuit whatsoever arising under or in relation to this Agreement or its subject matter. The parties irrevocably agree, consent and submit themselves to the subject matter and personal jurisdiction of such courts for such purposes.