These terms of use are to provide the individual using the service (also referred to in these terms as "you" or "your") information about the electronic monthly statement presentment service (the "Service") offered to you by Global Lending Services LLC (also referred to in these terms as "we," "us," or "our"). These terms of use set forth a legally binding agreement governing your use of the Service and outline important conditions that apply to your use of the Service. By adding your monthly statement from us to your mobile device's wallet, you agree to these terms and conditions. If you do not agree to these terms and conditions, do not add your statement from us to your mobile device's wallet.
Eligibility
The Service is offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by the terms herein.
We provide our customers with the option to receive electronic statements through mobile wallet applications (e.g., Apple WalletTM, Google PayTM). Your use of this Service is subject to the terms and conditions and terms of use of the applicable mobile wallet application. To use this Service, you must have a mobile device that meets the minimum system and security requirements specified below.
Please verify the minimum system and security requirements required to use your mobile device's mobile wallet application with the mobile wallet provider for your device. These requirements are subject to change by the mobile wallet provider for your device. Please ensure that you have configured your mobile device to receive automatic updates and notifications from your mobile wallet application.
Electronic Statements Authorization
By adding your bill pass to the wallet on your mobile device, you consent to receive your statements from us electronically via the mobile wallet on your enrolled device in addition to your current delivery method. You understand that your statements will be delivered to the mobile wallet on your enrolled device on an ongoing basis unless you un-enroll from the Service. Please refer to the "Un-enrollment" section below for instructions for how to un-enroll from the Service.
If you start using a new device, you may need to re-enroll or synch your profile with your originally enrolled device in order to continue to receive your electronic statement on your new device.
By adding your bill pass to the wallet on your mobile device, you consent to receive push notifications on your enrolled mobile device. You consent to receive these notifications on your home screen, on your lock screen and via other applicable push notification methods. You further consent to these push notifications being transmitted using automated technology. We will attempt to send push notifications to your mobile device when enrolled in the Service. Types of notifications that we may send include:
We cannot guarantee that you will receive each of the notifications we send.Regardless of whether you receive a notification related to your statement, you are responsible for making timely payment on your account for the applicable statement period. Your payment obligations remain subject to and governed by the terms of your original contract with us.
Some of the reasons you may not receive notifications or may not receive notifications in a timely manner are as follows; however, this is not an exhaustive list:
You may choose to stop receiving your statement electronically in your mobile wallet at any time by removing the bill pass from your mobile device. Please follow the instructions in your mobile wallet application to remove the bill pass.
Regardless of whether you receive an electronic statement, and regardless of whether your receipt of an electronic statement is timely, you are responsible for making timely payment on your account.
By adding your bill pass to the wallet on your mobile device, you consent to receiving push notifications from us for our everyday business purposes (including identity verification). You authorize us to send or provide by electronic communication, using automated technology or otherwise, on your enrolled mobile device any notice, statement, communication, amendment or replacement to the terms of use, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you. We will not be responsible for communications that are not received by you for any reason outside of our reasonable control. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you must re-enroll on a new device or synch your new mobile device's profile to that of your old mobile device to recommence delivery of your electronic statement.
Regardless of whether you receive an electronic statement, and regardless of whether your receipt of an electronic statement is timely, you are responsible for making timely payment on your account.
You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal ESIGN Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
SecurityYou agree not to make the electronic statement from us on your mobile device available to any unauthorized individuals. If you permit anyone to view your electronic statement, you are responsible for any transactions they authorize. If you believe there has been any unauthorized access to your electronic statement, you must notify us at once by phone at 866-464-0269, or email customerservice@glsllc.com.
Alterations and AmendmentsThese terms of use may be altered or amended from time to time by posting a link to a revised version on the reverse side of your electronic statement. Any use of the Service after a notice of change or after receiving a link to a revised version of these terms of use will constitute your agreement to such changes and revised versions. The revised version will be effective at the time it is made available to you unless a delayed effective date is expressly stated in the revision. We reserve the right to limit access to only the Service's more recent revisions and updates. Your use of the Service may be terminated or suspended at any time for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement or under your underlying contract with us.
ArbitrationFor any claim (excluding claims for injunctive or other equitable relief) arising out of or relating to these terms of use, the parties must resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party commencing arbitration will initiate such arbitration through the American Arbitration Association ("AAA") or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
Exclusion of Warranties/ Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICE, AND OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
In no event shall we or our service providers for the Service (or either of our respective officers, directors, employees, affiliates or stockholders) be liable for any damages of any kind arising from the use of the Service or otherwise relating to this Agreement, including without limitation any DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR TORT DAMAGES or LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), regardless of WHETHER SUCH CLAIM ARISES IN TORT, CONTRACT, OR OTHERWISE.
All marks and logos related to the Service are either trademarks or registered trademarks of us, our service providers, or one of such parties' respective affiliates or licensors. You may not copy, modify, translate, decompile, reverse engineer, reproduce, adapt or disassemble the Service, which is the sole property of us, our service providers, or one of such parties' respective affiliates or licensors. With the exception of your right to use the Service in accordance with the terms hereof, which right may be revoked by us, you are not granted any rights of any kind in the Service, marks, or logos, and we and the foregoing parties hereby reserve all such rights. The content accessed through the Service is the property of the applicable content owner and may be protected by applicable copyright or other law.
Apple is a trademark of Apple Inc., registered in the U.S. and other countries.