1. ACCEPTANCE OF TERMS
Global Payments Gaming Services, Inc. (Global Payments) provides the Services (described in Paragraph 2 below) to you subject to the following Terms of Service (TOS), which may be updated by Global Payments from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provisions of this or any updated TOS. In addition, when using particular Services, you shall be subject to any guidelines or rules posted by Global Payments or its Service Providers applicable to such Services, which may be posted and modified from time to time. All references to “Service Providers” in these TOS shall refer to Service Providers retained by Global in its sole discretion to perform some or all of the Services and may include, without limitation, Certegy Check Services, Inc. (Certegy).
2. SERVICE DESCRIPTION AND AUTHORIZATION
Global Payments assists gaming establishments with the cashing of checks and associated check cashing risk management through its VIP Preferred® Program. Upon enrollment in the VIP Preferred Program, you will have access to a personal 7-day revolving program limit tied directly to your checking account. After your initial enrollment, you will no longer need to present a check to access funds from your checking account. Simply present your government-issued driver's license or identification card to the cashier and the requested amount will be deducted from your 7-day VIP Preferred Program limit. You understand that if you are approved for a specified dollar amount with the VIP Preferred Program, that amount represents a 7-calendar day revolving check cashing limit that will be authorized at all gaming establishments that participate in the VIP Preferred Program. Each check presented within a revolving 7-calendar day period will be deducted from the established check cashing limit. After a 7-calendar day period, an approved item will be removed and the amount will be included in the available check cashing balance. Neither Global Payments nor its Service Providers is a check casher and the VIP Preferred Program does not mean you have been granted a line of credit; you understand that each individual check must still be authorized. In addition, you authorize Global Payments and its Service Providers, to obtain information from your consumer report. Global Payments and its Service Providers will use this information for qualification to the VIP Preferred Program. Global Payment s and its Service Providers reserve the right to deny any check transaction if all approval criteria are not met. Global Payments and its Service Providers will perform periodic reviews of your check cashing history and consumer report to evaluate your VIP Preferred Program limit. You hereby authorize these procedures and understand that a review of your account may result in an increase, decrease, or revocation of your check cashing privileges at gaming establishments that participate in the VIP Preferred Program.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you certify that you are at least 18 years old, and 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 Services registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Global Payments or its Service Providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Global Payments and its Service Providers have the right to suspend or terminate your account, with or without prior notice, and refuse any and all current or future use of the services (or any portion thereof).
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 neither Global Payments nor its Service Providers shall 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 and its Service Providers to initiate debit and credit entries to the checking account at the depository financial institution for which you have provided information. The debit for a transaction can post at your financial institution within 24 hours from the time you initiate a transaction. You further authorize all transactions at any gaming establishments that participate in the VIP Preferred Program to be debited from the same checking account, and such future debits will take place only when initiated by you and a receipt will be provided by the participating gaming establishment for each debit you initiate for the account. Your authorization will remain in effect until Global Payments or its designee 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 institution are subject to a service charge, which also may be debited electronically from your account or collected using a bank draft drawn from your account.
You may terminate your VIP Preferred account and access to the Services by submitting such termination request to Certegy or such other service provider as Global Payments may designate. In order to perform a termination request, you must contact: Certegy Check Services, Inc. P.O. Box 30296 Tampa, FL 33630-3296, 1-866-543-6315. You agree that Global Payments or its Service Providers may, with or without prior notice, with or without cause, 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 for cause shall be made pursuant to Global Payments’ and its Service Providers’ discretion and that neither Global Payments nor its Service Providers shall be liable to you or any third party for any termination of your account or access to the Services. Termination of your account includes but is not limited to any or all of the following: (x) removal of access to all or part of the offerings within the Services, (y) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (z) barring of further use of all or part of the Services.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBAL PAYMENTS AND ITS SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO CERTEGY) AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 OR ITS SERVICE PROVIDERS HAVE 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 OR 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.
Any dispute arising out of or relating to the TOS or the Services, regarding Global Payments or its Service Providers (including but not limited to Certegy) or any affiliate thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the state of Florida. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of the TOS or the Services shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Global Payments or its Service Providers (including but not limited to Certegy) may provide you with notices, including those regarding changes to the TOS, including by, but not limited to, email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. Your agreement to these TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You further expressly authorize Global Payments and its Service Providers (including but not limited to Certegy) and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared or accessed by others and are not employer-related email addresses.