PEX Terms of Use

INTRODUCTION

Welcome to www.pexcard.com (the "Site"). In these Terms & Conditions, the expressions “we”, “us” or “our” means Prepaid Expense Card Solutions, Inc. d/b/a PEX.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE OWNED OR OPERATED BY PEX. These Terms and Conditions constitute the agreement between you, on the one hand, and PEX, on the other hand, governing your use of and participation in the Site. By using the Site, you signify your agreement to these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU HEREBY ARE GIVEN NOTICE THAT YOU MAY NOT USE THE SITE. As our business is constantly evolving, we reserve the right, in our sole discretion, to amend, modify, add or delete portions of these Terms and Conditions at any time in accordance with the procedures set forth below in section labeled “Amendment.” Please check these Terms and Conditions periodically for changes. Unless explicitly stated otherwise, the Terms and Conditions will govern your use of any new features that augment or enhance the current Services.

PRIVACY POLICY

As a condition to using the Site, you agree to the terms of our PRIVACY POLICY, as the same may be updated from time to time. While we understand that privacy is important to you, you agree that we may monitor, edit, or disclose your personal information in order to comply with any valid legal proceedings or government request, or as otherwise provided in these Terms and Conditions, our Privacy Policy and, where relevant, our SERVICES AGREEMENT. For more information, please see our PRIVACY POLICY, which forms a part of these Terms & Conditions and is incorporated by reference.

DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, LINKS, TOOLS, CALCULATORS AND OTHER RESOURCES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION USER-GENERATED CONTENT (AS DEFINED BELOW), WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING WITHOUT LIMITATION, USER-GENERATED CONTENT, NOR WITH RESPECT TO ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

You hereby irrevocably waive any claim against us with respect to information, content and materials contained on the Site, including without limitation, user-generated content.

INTELLECTUAL PROPERTY

All information, content and material contained on the Site are our copyrighted property or the copyrighted property of their respective owners and used with permission by us. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your use only, provided that (i) you keep intact and do not modify in any way all copyright and other proprietary notices, (ii) you make no modifications to the information, content or materials, (iii) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (iv) you do not download information, content or materials so as to avoid future downloads from the Site. The use of any information, content or materials contained on the Site on any other website, computer environment or otherwise, whether in original or derivative form, is strictly prohibited.

SUBSCRIPTION SERVICES

The services offered on this Site are subscription-based services. The terms and conditions of subscription and billing may be found in the Services Agreement.

THIRD PARTY CONTENT AND LINKS

We expressly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site, or any third-party information, content or materials contained on the Site, including without limitation user generated content. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site.

We do not make any representations or warranties as to the security of any information, content or materials (including without limitation credit card and other personal information) you might be requested to give to any third party on or through any such third party website, all of which will be governed by the applicable terms and conditions of use, privacy policies and other relevant agreements governing the use of such third party website. You hereby irrevocably waive any claim against us with respect to information content and materials contained on any third party sites, and any liability arising from or in connection with information, content or materials provided by you to such third party sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

TOOLS, CALCULATORS AND OTHER RESOURCES

The Site may contain tools, calculators and other resources. We provide these resources as a complimentary service, for convenience only. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use of such tools, calculators and other resources.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING FOR OR THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT, DIRECTLY OR INDIRECTLY, FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE SITE, OR (B) THE CONDUCT OR ACTION, WHETHER ONLINE OR OFFLINE, OF ANY USED OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, ACTS OF TERRORISM, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY COMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS & CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION, EXCLUSION OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS & CONDITIONS, SO SUCH LIMITATIONS, EXCLUSIONS, OR DISCLAIMERS MAY NOT APPLY TO YOU.

AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms & Conditions at any time without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of this Site following any amendment of these Terms & Conditions will signify and constitute your assent to and acceptance of such revised Terms & Conditions.

JURISDICTION AND VENUE

You agree that any action at law or in equity arising out of or relating to these Terms & Conditions shall be filed, and that venue properly lies, only in state or federal courts located in State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on the Site are appropriate or available for use in any particular location. Those who choose to use or access the Site do so on their own initiative and sole risk, and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

TERMINATION

These Terms & Conditions are effective until terminated by either you or us. You may terminate these Terms & Conditions at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms & Conditions or otherwise. In the event that you terminate these Terms & Conditions, you agree to notify us of such termination by sending notice of such termination using the methods listed under the heading CONTACT US.

We may immediately terminate these Terms & Conditions with respect to you with or without cause and with or without notice to you in our sole discretion. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms & Conditions or otherwise.

The provisions of these Terms & Conditions which by their nature should survive the termination of these Terms & Conditions shall survive such termination.

GENERAL PROVISIONS

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms & Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

CONTACT INFORMATION

PEX Customer Service
P.O. Box 549 Midtown Station
New York, NY 10018

Cardholder: 1-866-685-0898
Administrator: 1-866-685-1898

Because normal Internet email transmissions may not be secure, we request that you do not send us or request sensitive information such as account numbers, passwords and payment information via any public email system.

We generally will acknowledge emails within one (1) business day, but we will not take actions based on your email request until we actually receive your email message and have a reasonable period of time to act.

We will NEVER ask you for any private information (such as account numbers, passwords, social security numbers, etc.) for any of our services through an unsolicited Internet email. If you receive any such request, DO NOT respond to it. Please notify us immediately at 1-866-685-0898 or fraud@pexcard.com.