The following policies (showing their last updated date)
are incorporated into this Agreement by reference and
provide additional terms and conditions related to
specific PayPal services we offer:
Each of these policies may be changed from time to time
and are effective immediately after we post the changes
on our Service, except our Privacy Policy for which we
will provide you with thirty days prior notice. In
addition, when using particular Services, you agree that
you are subject to any policies or rules which are
posted in conjunction with those Services. All such
posted policies or rules are hereby incorporated by
reference into this Agreement.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PAYPAL OFFERS
YOU ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between
you and PayPal, Inc. and applies to your use of the
PayPal™ payment service and any related products and
services available through www.paypal.com (collectively
the "Service"). If you do not agree to be bound by the
terms and conditions of this Agreement, please do not
use or access our Services.
You must read, agree with, and accept all of the terms
and conditions contained in this Agreement and the
Privacy Policy, which include those terms and conditions
expressly set out below and those incorporated by
reference, before you may become a member of PayPal. We
strongly recommend that, as you read this Agreement, you
also access and read the information contained in the
other pages and websites referred to in this document,
as they may contain further terms and conditions that
apply to you as a PayPal user. Please note: underlined
words and phrases are links to these pages and websites.
By accepting this Agreement, you also agree that your
use of other PayPal websites and Services will be
governed by the terms and conditions posted on those
websites.
For additional information about the Service and how it
works, please also consult the PayPal Help Center.
We may amend this Agreement at any time by posting the
amended terms on our site. Except as stated below, all
amended terms shall be effective 30 days after they are
initially posted on our site. Upcoming changes will be
posted on the "Policy Updates" page, accessible from
"Policy Updates" link on the Account Overview page once
you have logged in. In addition, you can set your
Preferences to receive email notification of all policy
updates. You may review the current Agreement prior to
initiating a transaction at any time at our
User Agreement page.
In this Agreement, "you" or "your" means any person or
entity using the Service ("Users"). Unless otherwise
stated, "PayPal," "we" or "our" will refer collectively
to PayPal, Inc. and its subsidiaries including PayPal
Asset Management Inc. Unless otherwise specified, all
references to a "bank" in this Agreement include savings
associations and credit unions, and all references to a
"credit card" include Visa- and MasterCard-branded debit
cards.
This Agreement was last modified on October 10, 2003.
Eligibility. In
order to use the Service, you must register for a
Personal, Premier, or Business account. Users may
only hold one Personal account and either one
Premier or one Business account. Our Services are
only available to individuals or businesses that can
form legally binding contracts under applicable law.
Without limiting the foregoing, our Service is not
available to minors (under 18), persons who are
suspended from our Service, or to persons who
present an unacceptable level of credit risk. In
order to receive credit card funded payments or use
the Service to conduct business or in conjunction
with a business, you must upgrade to or register for
a Premier or Business account.
The Legal Relationship
between You and PayPal.
2.1 Agency Relationship.
PayPal acts as a facilitator to help you accept
payments from and make payments to third
parties. We act as your agent based upon your
direction and your requests to use our Services
that require us to perform tasks on your behalf.
PayPal will at all times hold your funds
separate from its corporate funds, will not use
your funds for its operating expenses or any
other corporate purposes, and will not
voluntarily make funds available to its
creditors in the event of bankruptcy or for any
other purpose. You acknowledge that (i) PayPal
is not a bank and the Service is a payment
processing service rather than a banking
service, and (ii) PayPal is not acting as a
trustee, fiduciary or escrow with respect to
your funds, but is acting only as an agent and
custodian.
You are not required to keep funds in the PayPal
system (i.e., carry a balance in your PayPal
agency account) in order to use the Service. If
you do carry a U.S. Dollar balance in your
PayPal account and do not enroll in the PayPal
Money Market Fund, PayPal will pool your funds
together with funds from other Users, and will
place those funds in accounts at one or more
non-interest bearing FDIC-insured banks ("Pooled
Accounts"). Those funds may be eligible for FDIC
pass-through insurance. Balances held in
currencies other than U.S. Dollars will not be
eligible for FDIC insurance.
You agree that you will not receive interest or
other earnings on the funds that PayPal handles
as your agent. PayPal will also not receive
interest on those funds, but may receive a
reduction in fees or expenses charged for
banking services by the banks that hold your
funds.
If you enroll in the Money Market Fund, PayPal's
subsidiary PayPal Asset Management Inc. will act
as your agent to transfer any U.S. Dollar
balance in your PayPal account on a daily basis
to purchase shares in the Money Market Fund.
Thereafter, payments that you send through
PayPal will be funded by a redemption of your
shares in the Money Market Fund. For more
information on the Money Market Fund, please
review the prospectus.
By initiating and sending payments through the
Service or adding funds to your balance, you
appoint PayPal as your agent to obtain the funds
on your behalf and to transfer the funds to the
recipient that you designate or to a Pooled
Account, subject to the terms and restrictions
of this Agreement. PayPal will obtain the funds
first by debiting your funds in the Pooled
Accounts or redeeming your shares in the Money
Market Fund, if any. If this is not sufficient
to fund your payment fully, PayPal will obtain
the remaining funds per your instructions by
debiting a bank account that you designate or
charging your credit card. When you send a
payment, until that payment is accepted by the
recipient (which may occur instantly), you
remain the owner of those funds and PayPal holds
those funds as your agent, but you will not be
able to withdraw those funds or send the funds
to any other recipient unless the initial
transaction is cancelled.
By receiving payments through the Service, you
appoint PayPal as your agent to cause the funds
to be deposited on your behalf in the Pooled
Accounts until you further instruct PayPal with
respect to the transmission of your funds.
Through the PayPal website, you may provide
instructions to withdraw the funds, enroll in an
automatic sweep of the funds into the PayPal
Money Market Fund or transfer the funds to a
third party, in each case subject to the terms
and restrictions of this Agreement. If you
receive a notice that a payment has been sent to
you through PayPal but you have not registered
for the Service, PayPal will not become your
agent and you will have no claim to those funds
unless and until you register for the Service
and indicate your acceptance of the payment. If
you register for a Premier or Business account
and intend to accept credit card payments, you
will be receiving services provided by Wells
Fargo Bank, N.A. and Wells Fargo Merchant
Services, LLC (collectively "Wells Fargo"), and
the terms of the
Premier and Business Account Policy will
govern your rights, obligations and liabilities
with respect to such credit card transactions.
2.2 PayPal is only a
Payment Service Provider. PayPal acts as
a payment service provider by creating, hosting,
maintaining and providing our Service to you via
the Internet. We do not have any control over
the products or services that are paid for with
our Service. We cannot ensure that a buyer or a
seller you are dealing with will actually
complete the transaction.
2.3 Identity
Authentication. We use many techniques to
identify our users when they register on our
site. Verification of Users is only an
indication of increased likelihood that a User's
identity is correct. You authorize PayPal,
directly or through third parties, to make any
inquiries we consider necessary to validate your
registration. This may include ordering a credit
report and performing other credit checks or
verifying the information you provide against
third party databases. However, because user
verification on the Internet is difficult,
PayPal cannot and does not guarantee any user's
identity.
2.4 Release. In the
event that you have a dispute with one or more
users, you release PayPal (and our officers,
directors, agents, subsidiaries, joint ventures
and employees) from any and all claims, demands
and damages (actual and consequential) of every
kind and nature arising out of or in any way
connected with such disputes. If you are a
California resident, you waive California Civil
Code §1542, which says: "A general release does
not extend to claims which the creditor does not
know or suspect to exist in his favor at the
time of executing the release, which if not
known by him must have materially affected his
settlement with the debtor."
2.5 No Warranty.
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR PARENT,
SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. PayPal shall make
reasonable efforts to ensure that requests for
electronic debits and credits involving bank
accounts, credit cards, and check issuances are
processed in a timely manner and but we make no
representations or warranties regarding the
amount of time needed to complete processing
because our Service is largely dependant upon
many factors outside of our control, such as
delays in the banking system or the U.S. or
international mail service. Some states do not
allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights
and you may also have other legal rights that
vary from state to state.
The above clause is completely separate from
PayPal's Money Back Guarantee, which you may
choose to purchase at the time of an eligible
transaction, and which assigns to you certain
privileges, as defined in the
Money Back Guarantee Policy.
2.6 Limitation of
Liability. IN NO EVENT SHALL WE, OUR
PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR WEB SITE, OUR
SERVICE, OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). Some states do not allow
the exclusion or limitation of incidental or
consequential damages so the above limitation or
exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
2.7 Indemnification.
You agree to indemnify and hold PayPal, its
parent, subsidiaries, affiliates, officers,
directors and employees harmless from any claim
or demand (including attorneys' fees) made or
incurred by any third party due to or arising
out of your breach of this Agreement or the
documents it incorporates by reference, or your
violation of any law or the rights of a third
party relating to your use of the Service.
Fees. All fees are
set forth in the Fee Schedule. All fees will be
assessed in the currency of the payment. Additional
information about PayPal's fees is available in the
Fees Policy. Your account and all transactions
are made and displayed in U.S. dollars unless
otherwise specified and may be subject to exchange
rates.
Non-U.S. Use. To be
eligible for an account, you must be a resident of
the United States or one of the approved countries
listed below:
Anguilla
Argentina
Australia
Austria
Belgium
Brazil
Canada
Chile
China
Costa Rica
Denmark
Dominican Republic
Finland
France
Germany
Greece
Hong Kong
Iceland
India
Ireland
Israel
Italy
Jamaica
Japan
Luxembourg
Mexico
Netherlands
New Zealand
Norway
Portugal
Singapore
South Korea
Spain
Sweden
Switzerland
Taiwan
United Kingdom
Countries marked with a
in the above table
may withdraw funds from their PayPal account to a
local bank account, and are considered "Withdrawal
Countries".
Non-U.S. Users in some countries may not use the
Service to receive payments, and may only use the
Service to send payments. These countries are
designated on the PayPal Non-U.S. Accounts page. If
you are an Non-U.S. User, you warrant that you are
violating no law or regulation by your use of PayPal.
Receiving Payments.
5.1 Credit Card Funded
Payments. The only accounts that can
receive credit card funded payments are Premier
and Business Accounts. Personal Accounts that
receive credit card funded payments may accept
the payment by upgrading to a Premier or
Business Account, or they will have to deny the
payment. Personal Accounts may receive
non-credit card funded payments for free. By
accepting a credit card payment, you agree that
you are responsible for the payment if it is
reversed. If such reversal occurs on a credit
card funded payment made to your account, we
will reverse the payment and debit your PayPal
account balance to pay for the reversal unless
the transaction is covered by the Seller
Protection Policy. If there are insufficient
funds in your PayPal balance, you agree to
reimburse PayPal through other means, as
described in the
Payments (Sending, Receiving, and Withdrawing)
Policy. Furthermore, if you open a Premier
or Business Account after October 11, 2001, you
authorize PayPal to debit your bank account
linked to that PayPal account for the amount
that you owe PayPal on transactions which were
not covered by the Seller Protection Policy and
which were not recoverable from your PayPal
balance.
5.2 Removal of Expired
Cards. We will notify you of expired
credit cards in your account and provide you the
opportunity to update those cards before we
remove them as a funding source in your account.
5.3 Withdrawals. In
order to withdraw money from your PayPal account
we require you to provide PayPal with a number
of forms of identification as further described
and protected in our Privacy Policy. We require
this information to authenticate your identity
and to determine how much you may withdraw from
your account per month. We may limit withdrawals
and require additional information from you
depending upon your location (U.S. or
international), credit rating, and other
factors. Generally, in order to withdraw more
than $500 per month, we require you to complete
some authentication procedures, such as
confirming: your email address, your bank
account, and your social security number. You
may withdraw funds by direct deposit to the bank
account you have on file with us or you may
elect to receive a physical check for a nominal
processing fee as disclosed in our Fee Schedule.
Generally, checks will only be sent to Confirmed
Addresses. Importantly, if you are an Non-U.S.
User and do not reside in a Withdrawal Country,
please note that you may not be able to withdraw
funds from your PayPal Account and should
therefore only accept payments if you know you
will send payments in equal amounts out of your
account. For more details and guidelines about
withdrawals, please refer to our Payments
Policy.
Sending Payments.
6.1 Sending Payments.
In order to send payments through our Service we
require you to provide PayPal with a number of
forms of identification as further described and
protected in our Privacy Policy. We require this
information to authenticate your identity and to
determine how much you may send with your
account. We may require additional information
from you depending on your location and other
factors. Based on the information you provide,
we will determine your Sending Limit. Generally,
accounts that have a confirmed email address and
credit card on file may send up to $2000.
Accounts that are Verified by adding and
confirming a bank account will receive a higher
Sending Limit or no limit at all.
6.2 Enrolling in the
Expanded Use Program. Non-U.S. members
(and some U.S. members) will be asked to enroll
in the Expanded Use Program before they may send
any payments. Once you confirm an email address,
add a credit card, and enter your Expanded Use
Number, your account will have an unlimited
sending limit. American Express has decided to
decline PayPal credit card transactions that are
funded with an American Express Corporate Card.
As a result, any attempts to register or use an
American Express Corporate Card will be denied.
Some accounts, at PayPal's discretion, may have
a higher or lower limit before completing
enrollment in the Expanded Use Program. Some
transactions, at PayPal's discretion, may not
apply towards the limit. To obtain your Expanded
Use Number, you must pay a $1.95 Expanded Use
Fee, log in to your PayPal account, and enter
the four-digit Expanded Use Number associated
with the $1.95 charge. After you have
successfully entered your Expanded Use Number,
you will receive a $1.95 bonus on the next
PayPal payment you send. (This bonus may take up
to 24 hours to process and be reflected in your
PayPal account balance.) This Expanded Use
enrollment will be complete and your sending
limit lifted if and when you correctly enter
your Expanded Use Number on the PayPal website.
If you remove the funding source (e.g. the bank
account or credit card) used to enroll in the
Expanded Use Program, PayPal may require you to
enroll in the Expanded Use Program again.
6.3 Refused Payments.
When you send a payment to a third party through
our Service, the recipient is not required to
accept the payment, even if the recipient is
already registered with PayPal. The recipient
may return the payment or, in some cases, use
the PayPal Service to deny payments that you
send. Any payments sent through PayPal that are
denied or unclaimed by a recipient will be
returned to you on the earlier of: (a) the date
of such denial, or (b) 30 days after the date
the payment is sent. For more details and
guidelines about Sending Payments, please refer
to our Payments Policy.
6.4 Electronic Transfers.
When you make a payment through PayPal that is
funded with Instant Transfer or eCheck, and when
you initiate an "Add Funds" transaction you are
requesting an electronic transfer from your bank
account. Upon such request, PayPal will make
electronic transfers via the Automated Clearing
House (ACH) system from your U.S. bank account
in the amount you specify. You agree that such
requests constitute your authorization for such
transfers. PayPal will never make transfers from
your bank account without your authorization.
PayPal provides you protection against
unauthorized withdrawals from your bank account
under the terms of the
Electronic Fund Transfer Rights and Error
Resolution Policy below.
Your Information and
Restricted Activities
7.1 Definition.
"Your Information" is defined as any information
you provide to us or other users in the
registration, payment process, stores or other
features of our Service. You are solely
responsible for Your Information, as we act as a
passive conduit for your online distribution and
publication of Your Information.
7.2 Restricted Activities.
Your Information and your activities (including
your payments and receipt of payments) through
our Service shall not: (a) be false, inaccurate
or misleading; (b) be fraudulent or involve the
sale of counterfeit or stolen items; (c) consist
of providing yourself a cash advance from your
credit card (or helping others to do so), (d) be
related in any way to gambling and/or gaming
activities, including but not limited to payment
or the acceptance of payments for wagers,
gambling debts or gambling winnings, regardless
of the location or type of gambling activity
(including online and offline casinos, sports
wagering and office pools), with the exception
of payments for gaming transactions that are
expressly authorized by law in the jurisdiction
of both the sender and the recipient of the
payment; (e)violate PayPal's Acceptable Use
Policy; (f) infringe on any third party's
copyright, patent, trademark, trade secret or
other property rights or rights of publicity or
privacy; (g) violate any law, statute,
ordinance, contract or regulation (including,
but not limited to, those governing financial
services, consumer protection, unfair
competition, antidiscrimination, or false
advertising); (h) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
(i) be obscene or contain child pornography; (j)
contain any viruses, Trojan horses, worms, time
bombs cancelbots, easter eggs or other computer
programming routines that may damage,
detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or
other personal information; or (k) create
liability for us or cause us to lose (in whole
or in part) the services of our ISP's or other
suppliers. If you use, or attempt to use the
Service for purposes other than sending and
receiving payments and managing your account,
including but not limited to tampering, hacking,
modifying or otherwise corrupting the security
or functionality of Service, your account will
be terminated and you will be subject to damages
and other penalties, including criminal
prosecution where available.
7.3 License. Solely
to enable PayPal to use the information you
supply us with, so that we are not violating any
rights you might have in that information, you
agree to grant us a non-exclusive, worldwide,
royalty-free, perpetual, irrevocable,
sublicensible (through multiple tiers) right to
exercise the copyright, publicity, and database
rights (but no other rights) you have in Your
Information, in any media now known or not
currently known, with respect to Your
Information. PayPal will use and protect Your
Information in accordance with our Privacy
Policy.
7.4 Trademarks.
PayPal.com, PayPal, and all related logos,
products and services described in this website
are either trademarks or registered trademarks
of PayPal, Inc., or its licensors, and (aside
from the circumstances described below) may not
be copied, imitated or used, in whole or in
part, without the prior written permission of
PayPal. In addition, all page headers, custom
graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of PayPal
and may not be copied, imitated, or used, in
whole or in part, without the prior written
permission of PayPal.
Notwithstanding the above, HTML logos provided
by PayPal through its Affiliate Program, Website
Payments features, or Auctions Tools features
("Logos"), may be used without prior written
consent for the purpose of directing web traffic
to the Service. These Logos may not be altered,
modified, or changed in any way, or used in a
manner that is disparaging to PayPal or the
Service. Logos may not be displayed in any
manner that implies sponsorship or endorsement
by PayPal. PayPal is a payment service, and no
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended
or created by this Agreement.
Access and Interference.
Our web site contains robot exclusion headers and
you agree that you will not use any robot, spider,
other automatic device, or manual process to monitor
or copy our web pages or the content contained
herein without our prior expressed written
permission. You agree that you will not use any
device, software or routine to bypass our robot
exclusion headers, or to interfere or attempt to
interfere with the proper working of the PayPal site
or any activities conducted on our site. You agree
that you will not take any action that imposes an
unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site
is proprietary or is licensed to PayPal by our users
or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works,
publicly display or frame any content (except for
Your Information) from our web site without the
prior expressed written permission of PayPal or the
appropriate third party. If you use, or attempt to
use the Service for purposes other than sending and
receiving payments and managing your account,
including but not limited to tampering, hacking,
modifying or otherwise corrupting the security or
functionality of Service, your account will be
terminated and you will be subject to damages and
other penalties, including criminal prosecution
where available.
Privacy and Security.
We do not sell or rent your personal information to
third parties for marketing purposes without your
consent and we only use Your Information as
described in the Privacy Policy. We view protection
of users' privacy as a very important principle. We
understand clearly that you and Your Information are
one of our most important assets. We store and
process Your Information on computers located in the
United States that are protected by physical as well
as technological security devices. You should only
log in to your PayPal account on a page which begins
with https://www.paypal.com/. All of our pages begin
with https://www.paypal.com/ and therefore you
should not use any other site that does not begin as
such. We use third parties to verify and certify our
privacy principles. Our current Privacy Policy is
available at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/privacy-outside.
If you object to your information being transferred
or used in this way, please do not use our Services.
Termination or Closing
Your Account. You may close your account at
any time by clicking the "Close Account" link in
your Profile on the PayPal website. Upon closure of
an account, any pending transactions will be
cancelled and any balances associated with
Redemption Codes (for programs such as eBay Anything
Points or Gift Certificates) will be forfeited. Any
funds that we are holding in custody for you at the
time of closure, less any applicable fees, will be
paid to you by check, assuming all withdrawal
related authentication requirements have been
fulfilled (for example, you may not use closure of
your account as a means of evading withdrawal limits
on new Unverified users). You may not use closure of
your account as a means of evading investigation -
if an investigation is pending at the time you close
your account, PayPal may continue to hold your funds
for up to 180 days as appropriate to protect PayPal
against the risk of reversals. If you are later
determined to be entitled to some or all of the
funds in dispute, PayPal will make an additional
payment of those funds to you. You will remain
liable for all obligations related to your account
even after such account is closed. If you do not
access your account for a period of three years, it
will be terminated. After the date of termination,
we will use the information you provided to try to
send you any funds that we are holding in custody
for you. If that information is not correct, and we
are unable to complete the payment to you, your
funds will be subject to applicable state laws
regarding escheat of unclaimed property.
Remedies and PayPal's
Right to Collect From You. Without limiting
other remedies, we may update inaccurate or
incorrect information you provide to us, contact you
by means other than electronically, immediately warn
our community of your actions, place a hold on funds
in your account, limit funding sources and payments,
limit access to an account and any or all of the
account's functions (including but not limited to
the ability to send money or making withdrawals from
an the account), limit withdrawals, indefinitely
suspend or close your account and refuse to provide
our Services to you if: (a) you breach this
Agreement or the documents it incorporates by
reference; (b) we are unable to verify or
authenticate any information you provide to us; (c)
we believe that your account or activities pose a
significant credit or fraud risk to us; or (d) we
believe that your actions may cause financial loss
or legal liability for you, our users or us. Even if
they have been recorded as completed in the Recent
Activity or History Transaction Log of your PayPal
account, transactions are not considered completed
until the funds have been charged to the customer's
funding source (for payments) or posted to the
customer's bank account (for withdrawals). In
addition, PayPal reserves the right to hold funds
beyond the normal distribution periods for
transactions it deems suspicious or for accounts
conducting high transaction volumes to ensure
integrity of the funds. If we close your account, we
will provide you notice and pay you all of the
unrestricted funds held in your PayPal account.
Additionally, to secure your performance of this
Agreement, you grant to PayPal a lien on and
security interest in your account. In addition, you
acknowledge that PayPal may setoff against any
accounts you own for any obligation you owe PayPal
at any time and for any reason allowed by law. These
obligations include both secured and unsecured debts
and debts you owe individually or together with
someone else. PayPal may consider this Agreement as
your consent to PayPal's asserting its security
interest or exercising its right of setoff should
any law require your consent. The rights described
in this section are in addition to and apart from
any other rights.
Assignability. You
may not transfer any rights or obligations you may
have under this Agreement without the prior written
consent of PayPal. PayPal reserves the right to
transfer this Agreement or any right or obligation
under this Agreement without your consent.
Legal Compliance.
You shall comply with all applicable U.S. and
international laws, statutes, ordinances,
regulations, contracts and applicable licenses
regarding your use of our Services.
Notices.
14.1 Electronic
Communications. You agree that this
Agreement constitutes "a writing signed by You"
under any applicable law or regulation. To the
fullest extent permitted by applicable law, this
Agreement and any other agreements, notices or
other communications regarding your account
and/or your use of the Service
("Communications"), may be provided to you
electronically and you agree to receive all
Communications from PayPal in electronic form.
Electronic Communications may be posted on the
pages within the PayPal website and/or delivered
to your e-mail address. You may print a copy of
any Communications and retain it for your
records. All Communications in either electronic
or paper format will be considered to be in
"writing," and to have been received no later
than five (5) business days after posting or
dissemination, whether or not you have received
or retrieved the Communication. PayPal reserves
the right but assumes no obligation to provide
Communications in paper format.
14.2 Credit Report.
You agree that PayPal may order and review your
credit report with the sole purpose of assessing
your fitness to hold a PayPal account and/or
your ability to use the Service or features
thereof.
14.3 Procedure.
Except as explicitly stated otherwise, any
notices shall be given by postal mail to PayPal
Inc., Attn: Legal Department, 303 Bryant Street,
Mountain View, California 94041 (in the case of
PayPal) or to our online message center or the
email address you provide to PayPal during the
registration process (in your case). Notice
shall be deemed given 24 hours after posted or
email is sent, unless the sending party is aware
that the electronic communication was not
received. Alternatively, we may give you notice
by mail to the address provided to PayPal during
the registration process. In such case, notice
shall be deemed given 3 days after the date of
mailing.
Legal Disputes. In
the event a dispute arises between you and PayPal,
our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly.
Accordingly, you and PayPal agree that any
controversy or claim at law or equity that arises
out of this Agreement or PayPal's services
("Claims") shall be resolved in accordance with one
of the subsections below, or as otherwise mutually
agreed upon in writing by the parties. Before
resorting to these alternatives, PayPal strongly
encourages users first to contact PayPal directly to
seek a resolution. PayPal will consider reasonable
requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as
an alternative to litigation.
15.1 Arbitration.
For any Claim (excluding Claims for injunctive
or other equitable relief) where the total
amount of the award sought is less than $10,000,
you or PayPal may elect to resolve the dispute
through binding arbitration conducted by
telephone, on-line, and/or based solely upon
written submissions where no in-person
appearance is required. In such cases, the
arbitration shall be administered by the
American Arbitration Association or JAMS, in
accordance with their applicable rules, or any
other established ADR provider mutually agreed
upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
15.2 Court.
Alternatively, any Claim may be adjudicated by a
court of competent jurisdiction located in Santa
Clara County, California or where the defendant
is located (in PayPal's case, Mountain View,
California, and in your case, your home address
or principal place of business). You and PayPal
agree to submit to the personal jurisdiction of
the courts located within the county of Santa
Clara, California.
15.3 Alternative Dispute
Resolution. PayPal will consider use of
other alternative forms of dispute resolution,
such as binding arbitration to be held in Santa
Clara County, California or another location
mutually agreed upon by the parties.
15.4 Violations of Section
15. All Claims (excluding requests for
injunctive or equitable relief) between the
parties must be resolved using the dispute
resolution mechanism that is selected in
accordance with this Section by the party first
to assert a Claim, either through a court filing
or commencement of arbitration. Should either
party file an action contrary to this Section
15, the other party may recover attorneys' fees
and costs up to $1000.00, provided that the
party seeking the award has notified the other
party in writing of the improperly filed Claim,
and the other party has failed to withdraw the
Claim.
General. This
Agreement is governed by and interpreted under the
laws of the state of California, U.S. as such laws
are applied to agreements entered into and to be
performed entirely within California by California
residents. Notwithstanding the foregoing sentence,
the Federal Arbitration Act ("FAA"), and all of its
rules and procedures, shall govern Section 16
hereof, to the extent that the FAA is inconsistent
with California law. We do not guarantee continuous,
uninterrupted or secure access to our service, and
operation of our site may be interfered with by
numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. You
agree that this Agreement and all incorporated
agreements may be automatically assigned by PayPal,
in our sole discretion, to a third party in the
event of a merger or acquisition. Headings are for
reference purposes only and in no way define, limit,
construe or describe the scope or extent of such
section. Our failure to act with respect to a breach
by you or others does not waive our right to act
with respect to subsequent or similar breaches. This
Agreement and the documents it incorporates set
forth the entire understanding between us with
respect to the subject matter hereof. Sections (3)
Fees, (2.4) Release, (8) Access and Interference,
(2.6) Limitation of Liability, (2.7) Indemnity, and
(16) Legal Disputes shall survive any termination or
expiration of this Agreement.
Disclosures. The
Services are offered by PayPal Inc., located at 303
Bryant Street, Mountain View, California 94041. If
you are a California resident, you may have this
same information emailed to you by sending a letter
to the address above with your email address and a
request for this information. Fees for our services
are described in our
Fees Policy.
Disputes between you and PayPal regarding our
Services may be reported to Customer Support online
through the PayPal Help Center at any time, or by
calling (402) 935-2050 from 6 AM to midnight Central
Time. Additionally, you may report complaints to the
Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer
Affairs by contacting them in writing at 400 R
Street, Sacramento, California 95814, or by
telephone at (800) 952-5210.
