Terms of Service
Last Updated may 8, 2018
User Agreement for Arbinuity™ Service
This Agreement is a contract between you and Arbinuity, Inc. and applies to your use of the Arbinuity™ payment service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. For additional information about the Service and how it works, please also consult the Arbinuity Help Center. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Arbinuity," "we" or "our" will refer collectively to Arbinuity, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
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 -branded debit cards. This Agreement was last modified on May. 8, 2018.
- The Legal Relationship Between You and Arbinuity
- User Responsibilities
- Sending Payments
- Receiving Payments
- Rights, Obligations and Disclaimers of Arbinuity
- Electronic Fund Transfer Rights and Error Resolution
- Consumer Protection Programs
The Legal Relationship between You and Arbinuity
By registering for the Service, you appoint Arbinuity as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. Arbinuity 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) Arbinuity is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Arbinuity 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 Arbinuity system (i.e., carry a balance in your Arbinuity agency account) in order to use the Service. If you do carry a balance in your Arbinuity account and do not enroll in the Arbinuity Money Market Reserve Fund, Arbinuity will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDIC-insured banks ("Pooled Accounts"). You agree that any earnings on the Pooled Accounts will be the property of Arbinuity, and you will not receive interest or other earnings on the funds that Arbinuity handles as your agent.
If you enroll in the Money Market Reserve Fund, Arbinuity's subsidiary Arbinuity Asset Management Inc. will act as your agent to transfer any balance in your Arbinuity account on a daily basis to purchase shares in the Money Market Reserve Fund. Thereafter, payments that you send through Arbinuity will be funded by a redemption of your shares in the Money Market Reserve Fund. For more information on the Money Market Reserve Fund, please review prospectus.
By initiating and sending payments through the Service or adding funds to your balance, you appoint Arbinuity 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. Arbinuity will obtain the funds first by debiting your funds in the Pooled Accounts or redeeming your shares in the Money Market Reserve Fund, if any. If this is not sufficient to fund your payment fully, Arbinuity 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 Arbinuity 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 Arbinuity as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct Arbinuity with respect to the transmission of your funds. Through the Arbinuity website, you may provide instructions to withdraw the funds, enroll in an automatic sweep of the funds into the Arbinuity Money Market Reserve 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 Arbinuity but you have not registered for the Service, Arbinuity 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.
Eligibility. In order to use the Service, you must register for a Personal, Premier, or Business account. If you use the Service to receive more than $100 of credit-card funded payments in a month, you must register for, or upgrade to, a Premier or Business Account, or else any payment that causes you to exceed the $100 threshold will be returned to the sender.
You must be at least 16 years of age to register for an account and use the Service. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian.
No Multiple Accounts. Should you register for more than one Personal Account, Arbinuity reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account and either one Premier or one Business Account.
Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Arbinuity has the right to terminate your use of the Service and Arbinuity, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You authorize Arbinuity, 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.
International Use. To be eligible for an account, you must be a resident of the United States or one of the approved countries listed below:
- Costa Rica
- Dominican Republic
- Hong Kong
- New Zealand
- South Africa
- South Korea
- United Kingdom
International Users, unlike U.S. Users, must pay fees for moving funds into the Service and for withdrawing funds from the Service. These fees are set forth in the International Fee Schedule. International 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 Arbinuity International page. IT IS ARBINUITY'S ASSUMPTION THAT INTERNATIONAL USERS ARE SIGNING UP FOR A ARBINUITY ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A ARBINUITY ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you warrant that you are violating no law or regulation by your use of Arbinuity, and you indemnify us for any and all liability that might arise from your use of Arbinuity.
Prohibited Transactions. You agree that you will not use Arbinuity to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the Arbinuity website or any of the services offered therein for any unlawful or fraudulent activity. If Arbinuity has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with Arbinuity to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Arbinuity representatives "guest" or "member" access to any password-protected portions of your website.
You also agree not to use your Arbinuity account to sell securities, business opportunities, franchises, multi-level marketing, or goods with delivery delayed more than 20 days from the date of payment. You agree not to impersonate a Arbinuity User or a Arbinuity representative, or to request that a Arbinuity customer provide you with their password or other information to access their account.
Electronic Communications. 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 Arbinuity in electronic form. Electronic Communications may be posted on the pages within the Arbinuity 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. Arbinuity reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Arbinuity of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, Arbinuity will terminate your right to use the Service.
Correct E-mail. You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, Arbinuity will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBGLIGATION to provide Arbinuity with a correct and operational e-mail address, and to notify Arbinuity promptly as to any changes or cancellations of any and all e-mail addresses you provide Arbinuity. Failure to provide Arbinuity with a current, working, functional, personal e-mail address, and/or failure to update Arbinuity in a change or cancellation of your e-mail address, or if Arbinuity has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by Arbinuity of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding Arbinuity e-mail notifications; and/or (4) attempts by Arbinuity to reach you personally by phone, fax or postal mail. Arbinuity reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
No Spam. You agree not to use email addresses of Arbinuity customers to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting Arbinuity Users to gain referrals or for any other purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
Unclaimed Property. 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.
Passwords. You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. Arbinuity is not responsible for losses incurred by Users as the result of their misuse of passwords.
Closing Your Account. You may close your account at any time by clicking on the "Close Account" tab in your Profile on the Arbinuity website. Upon closure of an account, any pending transactions will be canceled. 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, Arbinuity may continue to hold your funds for up to 180 days as appropriate to protect Arbinuity against the risk of chargebacks. If you are later determined to be entitled to some or all of the funds in dispute, Arbinuity 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.
Hacking. 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.
No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit card-funded payment through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. Arbinuity reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Arbinuity. Arbinuity reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Indemnification. You agree to indemnify and hold Arbinuity, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
Choice of Law. This Agreement is governed by and interpreted under the laws of the state of California, U.S.A as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Arbinuity may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California necessary to protect the rights or property of you or Arbinuity, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Spending Limits and Verification
U.S. Users. Once you confirm an email address, you are limited to a total of $1000 of spending in the aggregate unless and until you become Verified. Some accounts, at Arbinuity's discretion, may have a lower limit until they become Verified. Account limits, if any, can be viewed from the "View Limits" link on the Account Overview p age. In order to become Verified, you must login to your Arbinuity account and authorize Arbinuity to make two small deposits, at Arbinuity's own expense, to the bank account that you registered. Your bank account and your Arbinuity account will be considered Verified if and when you correctly enter these deposit amounts on the Arbinuity website. If your Verified bank account is closed, you must confirm your control of a new US bank account in order to remain Verified. Arbinuity reserves the right to decide that accounts at certain banks may not be used for Verification.
International Users. If you are an International User, you will not be able to complete a payment through the Service unless and until you have become International-Verified by confirming an e-mail address and a member number associated with the membership fee assessed by Arbinuity. To become International-Verified, please log in to your International account through the Arbinuity website and follow the instructions provided to confirm your member number, as described in #3 below.
Electronic Transfers. When you make a payment through Arbinuity that is funded by 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, Arbinuity 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. Arbinuity will never make transfers from your bank account without your authorization.
Arbinuity provides you protection against unauthorized withdrawals from your bank account under the terms of Article VI below. You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. Currently, International Users are charged $20USD per returned ACH and US Users are not charged. Arbinuity reserves the right to resubmit for collection any ACH debit authorized by you (Instant Transfer, eCheck or Add Funds) that is returned for insufficient or uncollected funds.
Confirmation of Membership Numbers.Arbinuity requires all International Users and some domestic Users to complete an additional process to establish their membership with Arbinuity. This process consists of a membership fee charged to the User's credit or debit card that is associated with a randomly generated, unique 4-digit Arbinuity Membership Number. Arbinuity provides a page in the User's account for the User to enter this member number when it is received via the User's physical monthly card statement or via online access to the card statement. Arbinuity strongly discourages users from calling their credit card companies in order to obtain Arbinuity Membership Numbers before receiving their monthly statement in the mail or online. If Arbinuity receives a complaint from Visa, MasterCard, or a card issuer regarding a User's calling their credit card company to obtain Arbinuity Membership Numbers, that User's Arbinuity account will be permanently closed.
Right of Recipient to Refuse Payment.When you send a payment to a third party through Arbinuity, the recipient is not required to accept the payment, even if the recipient is already registered with Arbinuity. The recipient is free to return payments or, in some cases, to use the Arbinuity system to deny payments that you have sent. You acknowledge that Arbinuity will not be liable for any damages resulting from a recipient's decision not to accept a payment made through Arbinuity. Any payments through Arbinuity that are denied or unclaimed by a recipient will be returned to the sender on the earlier of (a) the date of such denial, or (b) within 30 days from the date the payment is sent.
Receipt of Credit Card Funded Payments.The ability to receive credit card funded payments is reserved for 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. Once upgraded, Premier and Business Accounts may receive unlimited credit card funded payments. Payments funded wholly or partially by a credit card are classified as credit card payments in the Arbinuity system.
Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe Arbinuity. When you receive a payment through the Service, unless you follow the steps necessary to qualify for our Seller Protection Policy described in Part VII of this User Agreement, you are not protected against a subsequent reversal of the transaction. In the event that the sender's transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe Arbinuity for the amount of the reversed transaction plus any fees imposed on Arbinuity as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card charge-back by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account. Arbinuity will seek to recover the funds from you by debiting your Arbinuity balance and, if there are not sufficient funds in your Arbinuity balance, Arbinuity reserves the right to collect your debt to Arbinuity by any other legal means. If you open a Premier or Business Account after October 11, 2001, you authorize Arbinuity to debit your bank account linked to that Arbinuity account for the amount that you owe Arbinuity on transactions which were not covered by the Seller Protection Policy and which were not recoverable from your Arbinuity balance
U.S. Users. In order to withdraw funds that Arbinuity is holding in custody for you, you must confirm the email address that your registered by responding to a message that Arbinuity will send to that address when you have completed registration, and you must register a bank account or credit card with Arbinuity. New Arbinuity Users (who have been in the Arbinuity system for 120 days or less) are required to complete two out of three authentication steps (confirm bank account, confirm credit card, confirm Social Security Number) in order to withdraw more than $500 per month. Some accounts, at Arbinuity's discretion, may have lower limits until the authentication steps have been completed. Account limits, if any, can be viewed from the "View Limits" link on the Account Overview page.
You may withdraw funds by direct deposit into your bank account or by physical check. To cover the cost of processing checks, Arbinuity charges $1.50 per check withdrawal. Check withdrawals will not be sent to P.O. Box addresses. In addition, check withdrawals will only be sent to a Confirmed Address, unless you are Verified (as described in Section III.1 above), in which case you may choose any street address. If you would like a check withdrawal to an address that does not match these rules, you must contact Customer Service and produce appropriate documentation as determined by Arbinuity before a check will be sent to the requested address.
International Users. If you are an International User, you may only accept payments after you have registered a credit card with Arbinuity. If and when you have registered a credit card, the following rules apply to the withdrawal of any payments you receive through the Service.
All International Users who have a U.S. bank account and registered it with Arbinuity may withdraw funds from their Arbinuity balance to that bank account. International Users in Australia, Canada, France, Germany, New Zealand, the Netherlands and the United Kingdom who have confirmed their control of the credit card associated with their Arbinuity account may register their local bank accounts with Arbinuity, and may then withdraw funds from their Arbinuity balance into their local bank accounts.
International Users outside of those countries who do not have a US bank account will not be able to withdraw funds from the Arbinuity system, and should therefore accept payments only if they expect to spend those funds using Arbinuity. In order to accept payments, International Users outside those countries must set their Preferences by logging into their Arbinuity account.
International 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 Arbinuity International page.
No Surcharges. Under Visa and regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge"). You agree that you will not impose a surcharge or any other fee for accepting Arbinuity as payment. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through Arbinuity may not be higher than the handling fee for transactions paid through other payment methods).
Rights, Obligations and Disclaimers of Arbinuity
Processing. Arbinuity 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. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Closing and Restricting Accounts.
Arbinuity, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.
Arbinuity, at its sole discretion, also reserves the right to restrict withdrawals from an account for any one of the events listed below. If the dispute covers only a specific transaction, we will only restrict funds related to that particular transaction. If your account is restricted, you will be notified by e-mail and requested to provide information relevant to your account. Arbinuity will investigate the matter promptly. If the investigation is in your favor, we will unrestrict your account. If the investigation is not in your favor, Arbinuity may return funds to the sender and unrestrict the remainder of your account, continue the restriction for up to 180 days as to funds necessary to protect Arbinuity against the risk of chargebacks, or may close your account by giving you notice and mailing a check for any funds in your account (minus funds that are in dispute) to the address that you have provided. If you are later determined to be entitled to the funds in dispute, Arbinuity will make an additional payment of those funds to you.
Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank.
Reports of unauthorized or unusual bank account use associated with the account.
Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped.
Initiation by a buyer of a chargeback process through the buyer's issuing bank without first pursuing the Buyer Complaint process described below.
Receipt of potentially fraudulent funds.
Excessive disputes or chargebacks, or attempts to "double dip" by receiving funds in a dispute both from Arbinuity and through a chargeback or a refund from the seller.
Refusal to cooperate in an investigation or provide confirmation of identity when requested.
Initiation of transactions considered to be cash advances or assisting in cash advances.
Sending unsolicited email or posting referral links on websites where they are not permitted.
Opening multiple Personal accounts.
The account has been used in or to facilitate fraudulent activity.
Violations of this User Agreement.
Name on the bank account associated with the Arbinuity account does not match the name on the Arbinuity account.
Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number.
Use of an anonymizing proxy.
Arbinuity will use reasonable efforts to investigate accounts that are subject to a restriction and to reach a final decision on the restriction promptly.
Termination. Arbinuity, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
Trademarks. Arbinuity.com, ARBINUITY and all related logos, products and services described in this website are either trademarks or registered trademarks of Arbinuity, Inc., or its licensors, and (aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Arbinuity. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Arbinuity and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Arbinuity.
Notwithstanding the above, HTML logos provided by Arbinuity through its Affiliate Program, Web Accept feature, 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 Arbinuity or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Arbinuity. Arbinuity is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Arbinuity reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
Arbinuity shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
Verification of Users is only an indication of increased likelihood that a User's identity is correct. Arbinuity shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified. However, Arbinuity's Buyer Complaint Program, described below, will seek to assist Users who may be the victims of fraud if they report the problem promptly.
Arbinuity shall not be obligated to pay a User for any Payments for which Arbinuity has not been fully paid by the Sender's credit card issuer or bank, as applicable.
Arbinuity will not have any liability in connection with any unauthorized interception or use of data relating to you or the Arbinuity service; any inability by you to use or access the service or the Arbinuity website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Arbinuity, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
In no event shall Arbinuity be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Arbinuity website, even if Arbinuity, Inc. has been advised of the possibility of such damages. In no event shall Arbinuity, Inc. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Arbinuity reserves the right to require Users who receive payments through Arbinuity and operate with high chargeback rates or otherwise present a relatively high risk of losses to choose between closure of their Arbinuity account or entering into an additional agreement addressing such risks, which may include higher fees.
Security Features. Arbinuity strongly suggests that you use a web browser with 128-bit encryption. For more information on security, please visit the Security Center. However, regardless of whether you use a web browser with security features, Arbinuity is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
Electronic Fund Transfer Rights and Error Resolution
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability:
If you notify us within two business days after you learn that your password or other means to access your account may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your password or other means to access your account without your permission to initiate a transaction. If you do not notify us within two business days, and we can prove that we could have stopped someone from using your password or other means to access your account without your permission if you had told us, you could be liable for as much as $500.00.
You can inspect your transaction history at any time by logging in to your account on the Arbinuity website. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after receiving notice, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify Arbinuity through application messaging or e-mail. You must: 1) Tell us your name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
Consumer Protection Programs
In general. Arbinuity's consumer protection programs, consisting of a Buyer Complaint Policy and a Seller Protection Policy as defined below, are designed to try to help buyers recover funds from sellers who do not ship the promised goods, and to reduce the risk of chargebacks for sellers who follow specified risk-reduction procedures. The Seller Protection Policy is also designed in part to reduce fraud by encouraging users of the Arbinuity service to become Verified, as described above. Verification, in conjunction with our other proprietary authentication methods, lowers our company's financial risk and allows us to provide the consumer protection policies listed below.
Buyer Complaint Policy
General. If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then file a Buyer Complaint Form with Arbinuity as soon as possible. The Buyer Complaint Form may be found by going to the "Security Center" link in the footer of any page on the Arbinuity website.
The seller has a Verified Business or Verified Premier Account (U.S.). Note: While International sellers may have a status of International - Verified, they do not qualify for and are not protected by the Seller Protection Policy and therefore may be responsible for any reversals made due to fraudulent funds.
The seller ships to the buyer's Confirmed Address.
The seller can provide reasonable proof-of-shipment which can be tracked online. This documentation must show that you shipped to the Confirmed Address. (Most U.S. carrier companies offer this service, including the U.S. Postal Service.) For items greater than $500 in value, the seller also needs to provide an online proof-of-receipt in the form of a signature from the buyer. Because comparable proof-of-shipment is not currently available for electronically-delivered items, we are currently unable to offer Seller Protection for digital goods and other electronically-delivered items.
The seller accepted a single payment from only one Arbinuity account for the purchase. (Multiple payments from different accounts for a single item are a fraud indicator. Sellers should not accept such payments.)
The seller ships to a domestic (U.S.) buyer at a U.S. address.
The seller cooperates in resolving disputes by responding in the following time periods: When a complaint occurs, the seller must provide complete information within 7 days of a request from Arbinuity. However, if Arbinuity is required by the credit card association to respond immediately to resolve a chargeback, sellers must provide the information within 3 days. Arbinuity will indicate the response time required in the e-mail message sent to the seller.
If you do not qualify for the Seller Protection Policy.When you receive funds through Arbinuity, if the sender's transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe Arbinuity for the amount of the reversed transaction plus any fees imposed on Arbinuity as a result of the reversal. You agree to reimburse Arbinuity from either your Arbinuity account or by other means as described in Section IV.2 under "Receipt of Payments."
Confirmed Addresses. Arbinuity prompts buyers to provide sellers with a Confirmed Address when making a purchase. A Confirmed Address is either an address at which a User receives his or her credit card statements, and is checked by Arbinuity with the User's credit card issuer, or an address which Arbinuity has confirmed through an Alternate Address Confirmation process, which includes the verification of other official documents. Shipping to this address minimizes the risk of being paid by a fraudulent buyer. If a buyer does not provide a Confirmed Address, the seller must either refuse the payment and ask that the buyer provide a Confirmed Address, or accept the chargeback risk in shipping the item outside of this Seller Protection Policy. Tools for Premier and Business Accounts to automatically refuse to accept payments where the buyer chooses not to share his Confirmed Address can be found on the "Preferences" page of the "Profile" subtab of the "My Account" tab.
Credit Card Transactions: The Buyer Protection Policy does not replace or reduce any other consumer rights Users may have, including chargeback rights that may be granted by a User's credit card issuer. Arbinuity is the merchant of record with respect to all credit card transactions through the Arbinuity service to purchase goods or services. As such, we afford customers the rights and privileges expected of a credit card transaction. You acknowledge that Arbinuity does not control the outcome of any chargeback decision initiated through a User's credit card issuer.
Arbinuity encourages all buyer purchase disputes to be filed and resolved through the Arbinuity dispute resolution process, and reserves the right to terminate or restrict account privileges of buyers who file chargeback complaints without attempting to resolve the complaints through Arbinuity. If a chargeback claim is initiated, whether as a result of a dispute or for any other reason, the parties agree to provide to any requesting party on a timely basis any and all necessary documentation to resolve any chargeback or dispute. Arbinuity DOES NOT act as the agent of either party in any transaction or resulting dispute, though Arbinuity does control the outcome of disputes initiated through the Service's dispute resolution process.
If you receive funds through a Arbinuity transaction funded with the sender's credit card, in the event the credit card transaction is charged back and you do not qualify for the Seller Protection Policy, you agree to hold Arbinuity harmless for the chargeback amount and to reimburse Arbinuity from either your Arbinuity account or by other means.
The terms below apply specifically to the use of Premier and Business Accounts through the Service and any related products and services (collectively, the "Premier/Business Service").
Account Information. In addition to the terms listed above, you further agree that Arbinuity may access and disclose information about you or your use of the Premier/Business Service when Arbinuity deems such action necessary or appropriate to comply with the law or legal process, to protect Arbinuity's systems and customers, or to ensure the integrity and operation of Arbinuity's business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.
Contact and Refund Information. Each user of the Business Service will be required to input its customer service contact information into the Business Account application upon registration. You agree to clearly identify your customer service contact information, including but not limited to your business name, address, telephone number, fax number and e-mail address. You further agree to update such information to keep it true, accurate, current, and complete. You agree to clearly disclose your refund policies on your website.
Taxes. Each user of the Business Service is required to provide its Taxpayer Identification Number (TIN) upon request. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and to collect, report and remit the correct tax to the appropriate tax authority. Arbinuity is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.
Account Use. By accepting the terms as outlined in this Agreement and using your Premier or Business Account, you attest that you hold all the necessary licenses to engage in the advertising and sale of the goods and services offered for sale or use through your Premier or Business Account, and that you do not provide unlawful or illicit products or services. You will not use the Business Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If Arbinuity has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Premier/Business Service, the website or any related services, your access to the Service may be suspended or terminated. You will cooperate fully with Arbinuity to investigate any suspected unlawful, fraudulent or improper activity.
Fees. Arbinuity's current Fee Schedule for using the Premier/Business Service is posted on the website. Unless otherwise stated, all fees quoted are in U.S. dollars. Users are responsible for paying all fees associated with the use of their Premier or Business Accounts and the Premier/Business Service.
Reserve Account in Case of Closure. If you or Arbinuity close your account, Arbinuity may retain a portion of any funds it holds in custody for you, based on your transaction history, as a reserve to the extent reasonable to protect Arbinuity against the risk of future chargebacks of transactions occurring prior to such closure. Arbinuity will pay you the balance of any such reserve 120 days after closure.
Eligibility: All Business Accounts are eligible for the permission levels feature. Premier accounts are not eligible.
Primary Login: the individual who set up the Arbinuity business account. The Permission Levels feature enables the Primary Login to assign users various access rights to the account. The Primary Login is also referred to as the System Administrator.
Secondary Logins: a Secondary Login is a unique individual who has specific access to a Arbinuity business account, as determined by the Primary Login.
Abilities and Obligations of Primary Login:
The Primary Login is the only member on the account capable of setting up Secondary Logins with their specific access privileges.
The Primary Login determines which individuals within his or her company or organization have particular access privileges to the company or organization's Arbinuity Business Account.
The access privileges the Primary Login can choose for each login may include the ability to send money, the ability to make mass payments, the ability to request money, the ability to add or withdraw funds, the ability to cancel payments, the ability to view balances and/or profiles; and/or the ability to edit the profile. The access privileges available to Primary Logins on behalf of Secondary Logins may not include all access privileges available to the Primary Login, such as Email, Account Closure, Auto Sweep and Debit Card. The availability of privileges is subject to change at any time by Arbinuity.
The access level granted determines which actions the Secondary Login can successfully complete. If the Secondary Login does not have any access privileges selected, the default access is read-only.
The Primary Login is the only user on who can see all the usernames on the account and the accesses, if any, granted to each user.
The Primary Login has the affirmative obligation to monitor the Arbinuity Business Account for any unusual activity and to take the necessary action to prevent problems. These affirmative obligations include the obligation to remove usernames of Other Logins and/or to change the access privileges of Other Logins.
The Primary Login may recover their password using Arbinuity's normal password recovery procedures.
Recovering or resetting passwords for a Secondary Login is the responsibility of the Primary Login. The Primary Login will reset the password in the following circumstances, but not limited to:
Secondary Login forgets password.
Secondary Login locks access to his/her login because of consecutive failed login attempts.
Abilities and Obligations of Secondary Logins
Secondary Logins must access the Business Account using the username and password generated by the Primary Login.
If a Secondary Login attempts to conduct a transaction not authorized by the Primary Login, he or she will receive an error message indicating that he or she is not authorized to conduct the transaction.
Limitation on Liability: Because the Permission Levels Feature allows more than one user access to a Arbinuity Business Account, certain risks may be created. You will work diligently to avoid these risks. Under no circumstances shall Arbinuity be liable to you or to any other person for any indirect, incidental, consequential or punitive damages arising out of or relating to your use of this feature, nor shall Arbinuity be liable for any unauthorized usage or other damage caused by the Secondary Logins or as a consequence of multiple access to the Arbinuity Business Account. The Primary Login agrees to indemnify and hold Arbinuity harmless for any harm that may result from multiple access to his or her account. The Primary Login holds the sole responsibility of determining the type of access to give each Secondary Login, and the sole responsibility to monitor activities occurring in the Arbinuity account. If any changes to a login's access are needed it is the responsibility of the Primary Login to increase or decrease the access privileges. If any unauthorized activity takes place because of access granted to a Secondary Login, the Primary Login is responsible for the charges and/or losses. By accepting this User Agreement and using the Permission Levels Feature, YOU AFFIRMATIVELY AGREE TO HOLD ARBINUITY HARMLESS FROM ANY LOSSES OR OTHER DAMAGE WHATSOEVER INCURRED AS A DIRECT OR INDIRECT CONSEQUENCE OF ACCESS TO YOUR ACCOUNT BY OTHER LOGINS AND YOU AGREE TO INDEMNIFY ARBINUITY FOR ANY HARM THAT ARISES AS A DIRECT OR INDIRECT CONSEQUENCE OF YOUR USAGE OF THIS FEATURE.
The terms below apply specifically to the use of Premier and Business Accounts through the Service and any related products and services (collectively, the "Premier/Business Service").
Accuracy of website registration information. All information you provide at the time of Arbinuity Shops registration must be truthful, including the website's title, description, category, and all other requested information. If any change occurs in your Arbinuity Shops registration information, you must promptly update the information through the Arbinuity website. Failure to comply will result in the removal of any mention of your website from the Arbinuity website, and may result in permanent ineligibility from registering a website with Arbinuity. Provision of deceptive information may result in the locking or closing of your Arbinuity account. You grant Arbinuity the right to access your site through manual observation or automated "spidering" or other automated search techniques in order to confirm the accuracy of your registration information. Arbinuity is under no obligation to monitor the accuracy of your site.
Domestic Users. Domestic Users who meet the following conditions are eligible to register a website in Arbinuity Shops:
The User has a Verified Premier or Business.
The User maintains a registered credit card with their Arbinuity account.
The User has opened a Arbinuity Money Market Reserve Fund account.
If at any time the owner of a registered Shop no longer meets one or more of the requirements listed above that website will cease to be listed in the Arbinuity Shops directory.
International Users. International Users who meet the following conditions are eligible to register a website in Arbinuity Shops:
The User has an International-Verified Premier or Business Account.
The User has registered and confirmed a credit card.
The User has been in the Arbinuity system for no less than 90 days.
The User has a Seller Community Participation Number of at least 10.
If at any time the owner of a registered Shop no longer meets one or more of the requirements listed above, that website will cease to be registered with Arbinuity and listed in the Arbinuity Shops directory.
Website must accept Arbinuity payments.This website must accept Arbinuity payments. If an investigation of your website shows that it does not accept Arbinuity payments, it may be removed from the Arbinuity Shops Directory. You may re-register your website for Arbinuity Shops when it accepts Arbinuity payments.
Other. By registering for Arbinuity Shops, you grant Arbinuity the right to run a credit check on you or your business at any time. Arbinuity reserves the right to remove the listing of any website from the Arbinuity Shops directory at any time, for any reason.
No Endorsement. Arbinuity's presentation of website registration information is not an endorsement of the website or of any goods or services offered on the website. Any attempt to state or imply Arbinuity's endorsement of your goods or services constitutes grounds for immediate termination of your participation in Arbinuity Shops.
No Illegal Websites or Websites which violate the Arbinuity Shops Allowable Goods and Services Guidebook.You may not register a website that promotes or facilitates illegal actions, including but not limited to the sale of goods or services that infringe on the intellectual property of a third party. You also may not register a website that violates the rules outlined in the Arbinuity Shops Allowable Goods and Services Guidebook. Any such registration constitutes ground for immediate termination of your participation in Arbinuity Shops and immediate closure of your Arbinuity account.
No Framing. Because Arbinuity members are warned never to enter their Arbinuity account password into any page whose URL does not begin with https://www.arbinuity.com/, the use of "framing," where a 3rd party site displays a portion of the Arbinuity website inside a webpage whose URL is not https://www.arbinuity.com/, is prohibited.
Shopping at Websites Registered with Arbinuity.Website registration information is provided by the owner of the website, and Arbinuity is not responsible for any errors or misrepresentations in such information. Arbinuity specifically disclaims all warranties with respect to website registration information, including but not limited to the warranty of merchantability and the warranty of accuracy of informational content. Arbinuity does not guarantee any level of security in shopping at third-party websites registered with Arbinuity, nor does Arbinuity guarantee the quality of goods or services offered on these websites. For more information on security in Web shopping, please visit our Security Tips page.
Fees. Placement in Arbinuity Shops is currently free. Fees may be introduced in the future, but no changes will be made without first notifying you.