1. ACCEPTANCE OF TERMS
Global Payments Gaming Services, Inc., and/or or its parents, subsidiaries, affiliates, and agents (collectively “Global Payments”) provides the Services (described in Section 2 below) to you subject to the following Terms of Service (TOS), which may be updated by Global Payments from time to time as set forth below. This revision to the TOS is effective as of January 1, 2020. By accessing and using the Services, you accept and agree to be bound by the terms and provisions of this TOS. In addition, when using particular Services, you shall be subject to any guidelines or rules, posted by Global Payments applicable to such Services, which may be posted and modified from time to time.
2. SERVICE DESCRIPTION AND AUTHORIZATION
Global Payments assists gaming establishments with check cashing, ACH, and associated risk management through its VIP Preferred Network. When you enroll in the VIP Preferred Network, you will provide routing and account details for the deposit accounts at the financial institutions that will be the sources of your check-writing or ACH transfers during your participation in the program. As a participant in the VIP Preferred Network, you will be able to write checks or initiate ACH transfers. You will be assigned a seven (7) day revolving check cashing limit to be available within the Global Payments VIP Preferred Network. Your privileges will be honored as long as you do not exceed your assigned limit and your account remains in good standing. Each check or ACH transfer you cash will be considered an “open item”. Each open item will be deducted from your available limit. After a seven (7) day period, the dollar amount of each transaction that clears the bank will be added back to your available limit for future use.
Global Payments is not a check casher, and enrollment in the VIP Preferred Network does not mean you have been granted a line of credit. You understand that each individual check or ACH transfer request must be authorized and accepted by your financial institution where the deposit account is held. In addition, you authorize Global Payments to obtain information from your consumer report at a consumer reporting agency. Global Payments will use this information in evaluating your eligibility to participate in the VIP Preferred Network. Global Payments reserves the right to deny any check or ACH transaction if all approval criteria are not met. Global Payments will perform periodic reviews of your check cashing history and consumer report information to evaluate your participation in the VIP Preferred Network. You hereby authorize such periodic reviews and evaluations, and you understand that such review may result in an increase or decrease in the dollar amount you are allowed for writing checks or initiating ACH transfers, or a revocation of your check cashing privileges at gaming establishments that participate in the VIP Preferred Network.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the services provided by Global Payments, under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Global Payments Services registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. PRIVACY POLICIES
5. MODIFICATIONS TO THE SERVICES
Global Payments reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Global Payments shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part thereof).
6. ACH AUTHORIZATION
You authorize Global Payments to initiate debit and credit entries to the checking accounts at the depository financial institutions for which you have provided information. The debit for a transaction can post at your financial institutions within twenty-four (24) hours from the time you initiate a transaction. You further authorize all transactions at any gaming establishments that participate in the VIP Preferred Network to be debited from any of your designated checking accounts. Your authorization will remain in effect until Global Payments has received written notification by you of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by your financial institutions are subject to a returned check fee of fifteen U.S. dollars ($15) or the maximum amount allowed by state law which also may be debited electronically from any of your accounts or collected using a bank draft drawn from any of your accounts.
You may terminate your participation in the VIP Preferred Network, and access to the services by submitting such termination request to Global Payments. Our contact information is provided below in order to perform a termination request: Global Payments Gaming Services, Inc., Attention: Risk Management, P.O. Box 480357, Niles, IL 60714-0357, 1-800-500-1973. You agree that Global Payments may, with or without prior notice, immediately terminate, limit your access to or suspend your account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access, and suspensions shall be made pursuant to Global Payments’ sole discretion and that Global Payments shall not be liable to you or any third party for any termination of your participation in the VIP Preferred Program or access to the Services. Termination includes, but is not limited to, any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content (or any part thereof) associated with your participation in the VIP Preferred Program, and (c) barring of further use of all or part of the Services.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBAL PAYMENTS GAMING SERVICES, INC. AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES; THE PREDECESSORS AND SUCCESSORS OF SUCH ENTITIES; AND ALL THE FOREGOING ENTITIES’ OFFICERS, EMPLOYEES, AGENTS, VENDORS, PARTNERS, AND LICENSORS, AS WELL AS THEIR PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT GLOBAL PAYMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.
9. DISPUTE RESOLUTION AND ARBITRATION
Pre-arbitration Dispute Resolution. Before you initiate arbitration as explained below, you must first send Global Payments an email titled “Notice of Intent to Arbitrate” to email@example.com. The notice must: (a) describe the nature of your dispute with Global Payments; and (b) identify the specific relief you seek. If we do not reach an agreement to resolve the dispute within thirty (30) days after the notice is received, you may commence an arbitration proceeding as described below.
Required Notice of Claims. You must bring any claim against Global Payments within one (1) year after the date on which the claim arose, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. In such a circumstance, you must still notify Global Payments of your claim by sending an email to firstname.lastname@example.org within one (1) year. That email must (a) describe the nature of your dispute with Global Payments; and (b) identify the specific relief you seek. If you fail to follow these requirements, you waive, to the fullest extent permitted by law, all rights you have to such a claim and Global Payments will have no liability with respect to such claim.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Claims Subject to Arbitration. Except as noted below, you and Global Payments agree to resolve any controversy with or involving Global Payments Gaming Services, Inc. and/or its parents, subsidiaries, or affiliates; the predecessors and successors of such entities; and all the foregoing entities’ officers, employees, agents, vendors (including debt collectors), partners, and licensors, as well as their predecessors and successors, including those arising out of Global Payments’ business, services, products, marketing programs, interactions between you and Global Payments, or the TOS, through final and binding arbitration. Your agreement to arbitrate such controversies is retroactive in effect and applies to all controversies regardless of whether they accrued before or after these TOS went into effect. Consistent with your agreement to resolve all controversies via arbitration, the arbitrator shall have exclusive authority to resolve all issues of arbitrability, including but not limited to issues of scope and enforceability.
Claims Excluded from Arbitration. The following claims are excluded from arbitration:
1. Any disputes related to Global Payments’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
2. Any claims within the jurisdiction of the applicable small claims court.
3. Any claims that applicable law requires to be excluded (including, but not limited to, claims for public injunctive relief in California).
About Arbitration. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Arbitrator’s decisions are generally subject to much more limited review than a court decision.
Applicable Rules. Because the TOS memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any arbitration with us will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Consumer Rules”) of the American Arbitration Association (collectively the “AAA Rules”), as modified by the TOS, which govern in the event of a conflict. The rules and fee information are available at www.adr.org or by calling 1-800-778-7879. If your claim exceeds $150,000, the arbitration will be conducted by a panel of three (3) arbitrators, unless all parties agree otherwise.
Costs of Arbitration. If the Consumer Rules apply, we will bear the cost of any filing fees and arbitrator’s fees for claims up to $75,000, to the extent required by the applicable arbitration rules. You are responsible for all other additional costs, including expert witness fees and attorney’s fees, unless applicable law requires otherwise. For any claims exceeding $75,000 or non-consumer claims, you will be responsible for paying administrative costs and fees as provided in the applicable arbitration rules.
Location of Arbitration and Venue. Arbitration under these TOS shall be held in the United States county where you live or work, Fulton County, Georgia, or any other location we mutually agree to, subject to Georgia law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Northern District of Georgia (Atlanta division) to resolve your claim, unless that Court does not have subject matter jurisdiction, in which case the dispute will be resolved in Fulton County State or Superior Court.
No Class, Collective, or Joint Actions. Absent our written consent, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, collective actions, class actions, private attorney general actions, and consolidated proceedings of any kind are not permitted.
Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
Arbitrator’s Decision. All awards shall be reasoned awards and the arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the claims. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on Global Payments or contains a monetary award in excess of $250,000, the award shall be reviewable on appeal initiated within 30 days of the award, and shall not be considered final until after the time for filing the notice of the appeal has expired. The appeal shall be governed by the AAA Optional Appellate Arbitration Rules; to the extent they are not inconsistent with this Agreement, and shall be conducted by a panel of three (3) new arbitrators selected to hear the appeal under the procedure for appointment from the national roster, except that the AAA shall not unilaterally appoint the arbitrators for the appeal, unless you and Global Payments so agree. Appeals must be initiated within thirty (30) days of receipt of the underlying award, by filing a Notice of Appeal with any AAA office. The decision of the panel shall be by majority vote. Such review shall reconsider anew any aspect of the initial award requested by the appealing party. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. if the award does not impose an injunction on you or on Global Payments or contain a monetary award in excess of $250,000, then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the Federal Arbitration Act.
Alternative Arbitrator Selection. Should the American Arbitration Association (AAA) be unavailable, unable or unwilling to accept and administer the arbitration of any claim under this agreement to arbitrate as written – in whole or in part and for any reason whatsoever or for no reason – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, the parties shall agree on a substitute arbitration organization, such as Judicial Arbitration and Mediation Services, Inc, that will enforce this agreement as written. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or arbitrator(s) that will enforce this agreement to arbitrate as written. Should the court decline or refuse, then and only then and within thirty (30) days of a final and non-appealable decision on the matter from such court, you and Global Payments shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within 30 days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the claim as the sole arbitrator, except with respect to a claim for $150,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the applicable AAA Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA.
Your Right to Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by timely emailing email@example.com and providing the requested information as follows: (1) Your Name; (2) Your Address; (3) Your Phone Number; and (4) a clear statement that you wish to opt out of this arbitration provision in the TOS. To be timely and effective, the Opt-Out Notice must be emailed no later than thirty (30) days after the date you became bound by the terms and provisions of this TOS. Please note that you will continue to be bound by any older arbitration provision you did not out opt of and any arbitration provision that otherwise governs your relationship with Global Payments.
Severability of the Arbitration Provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the “NO CLASS, COLLECTIVE, OR JOINT ACTIONS” provision is found unenforceable, this entire agreement to arbitrate shall be null and void (though the jury trial waiver will remain in full force and effect).
Survival. Notwithstanding anything else in the TOS, this arbitration provision survives the termination of the TOS and your relationship with us.
Global Payments may provide you with notices, including, but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. You further expressly authorize Global Payments to contact you using any of your mobile phone numbers, phone numbers, or email addresses, by means that include, but are not limited to, the use of an auto-dialer, the use of an automated telephone dialing system, pre-recorded messages, or any other method. You further acknowledge that any email addresses you provide are not shared, accessed by others, and are not employer-related email addresses. You further acknowledge that, for any phone number you provide to us, you are the subscriber or regular user of such number or have authority to do so from the subscriber or regular user of such number.
11. APPLICABLE LAW
You agree that the laws of the State of Georgia will govern these TOS and shall apply in any arbitration or judicial proceeding governed by these TOS.
These TOS are the entire agreement between you and Global Payments with respect to use of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Global Payments reserves the right at any time to change, add, or delete any aspect or feature of the Services and these TOS. Global Payments will provide notice of any such change to the TOS by updating the TOS at https://www.vippreferred.com/en/terms-of-service or as otherwise required by law. Any use of the Services by you after such updated TOS have been posted online or otherwise communicated to you will be deemed acceptance by you of such changes. Any waiver of Global Payments’ rights must be in writing and signed by Global Payments. Except as expressly stated in Section 9, should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. CONSENT TO TELEPHONE COMMUNICATIONS, TEXT MESSAGES, AND RECORDINGS
Recording of Communications. You acknowledge and agree that all communications between you and Global Payments may be recorded or monitored for quality assurance or other purposes, subject to applicable law.
Consent to Telephone and Text Communications. By providing us a telephone number, you agree to these TOS and consent to receive telephone communications from us, including via automated telephone dialing systems, predictive dialers, pre-recorded messages, or text message and even if your number is on a national, state, or local do-not-call list.
Opting Out of Communications. To discontinue receiving communications via text, respond “STOP” via text message to the number you received a text from. If you successfully opt out, you will be sent a confirmation message. If you have followed this procedure and do not receive a confirmation message, call 1-800-638-4600, Extension 543 to complete the opt-out procedure. To discontinue other types of phone communications via automated telephone dialing system or pre-recorded message, send an email to firstname.lastname@example.org with your name, number, and a clear statement that you no longer wish to receive any telephone communications from or on behalf of Global Payments using an automatic telephone dialing system or pre-recorded message. You agree the foregoing are the exclusive ways to opt out of telephone communications from us, and that we may resume communications if the number is re-provided to us after your opt-out. Also, these opt out procedures will only opt you out of text messages and out of telephone communications from an automated telephone dialing system or that use a pre-recorded message.
Getting paper copies. You may request from us a paper copy of any Disclosure that we have provided or made available to you electronically, provided that such request is made within a reasonable time after we first provided the Disclosure to you. You will pay a fee of $10 for each such paper copy you request. To request paper copies, you may contact us at 800 500 1973or by e-mailto CAMS12@globalpay.com.
To advise Global Payments of your new e-mail address. You are required to provide us with an accurate and complete e-mail address and update any changes to the information promptly. To let us know of a change, contact us at 800 500 1973 or by e-mail to CAMS12@globalpay.com.
Required hardware and software.
In order to access, view and retain the Disclosures we make available to you in electronic form, you must provide at your own expense an Internet connected device. You must have the following hardware and software:
|Browsers||Up to date internet or mobile browser that we support to access your account|
|PDF Reader||Software that enables you to view and print Portable Document Files (PDF) such as Adobe® Acrobat Reader or similar|
|E-Mail Account||An e-mail account with an Internet service provider and e-mail software in order to receive electronic communications from us|
|Storage Capacity||Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to retain the Disclosures and/or a printer to print them|
All Disclosures we provide to you in either electronic or paper format will be considered “in writing”. You should print or download for your records a copy of this E-Sign Disclosure and Consent of Electronic Receipt of Disclosures (“E-Sign Consent”) and any other Disclosures. You agree and we both intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this E-Sign Consent and (ii) our ability to conduct business with you by electronic means.
We reserve the right, in our sole discretion, to provide you with any Disclosures in paper format and to discontinue electronic provision of Disclosures at any time. We will provide you with notice of any such termination or change as required by law. Acknowledging your access and consent to receive materials electronically.
By using the PlayerCash @dvantage® two factor authentication, you: (i) confirm your consent to receive Disclosures in electronic format; (ii) affirmatively demonstrate your ability to access and read, and also print or save, this E-Sign Consent and the Disclosures; (iii) confirm that you have provided a valid e-mail address at which we can send electronic Disclosures to you; (iv) have access to software and hardware that satisfies the above requirements; (v) agree to the terms and conditions of this E-Sign Consent; and (vi) affix your electronic signature to this E-Sign Consent.
Each time you authorize a PlayerCash @dvantage® transaction though this two factor authentication, you are agreeing to the most recent version of the terms and conditions whether or not you have read them
Playercash @dvantage® Transaction Authorization:
Each time that you initiate a Playercash @dvantage transaction through this two factor authentication, you agree that your cash advance transaction will be processed electronically.