AdvicePay Portal Terms of Access
These AdvicePay Portal Terms of Access are a legal agreement between AdvicePay Inc. (“AdvicePay” “we” or “us”) and you, the user of the AdvicePay Portal (“you”). By accessing the AdvicePay Portal, you agree to be bound by these terms and conditions (“Terms”).
The AdvicePay internet portal (“AdvicePay Portal”) is technology that makes it easier for your registered investment advisor (“RIA”) to have you input your Payment Credentials into the Stripe API. The AdvicePay Portal does NOT itself store payment information, and passes all information directly to Stripe via their API. The AdvicePay Portal is powered by AWS.
Payment processing services for users on AdvicePay are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder AdvicePay, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of AdvicePay enabling payment processing services through Stripe, you agree to provide AdvicePay accurate and complete information about you and your business, and you authorize AdvicePay to share it and transaction information related to your use of the payment processing services provided by Stripe.
“Stripe” means Stripe, Inc., located at 185 Berry St, Suite 550, San Francisco, CA 94107, USA, and its subsidiaries or affiliates.
“AWS” means Amazon Web Services Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, USA, and its subsidiaries or affiliates.
“Payment Credentials” has the meaning defined in the terms you agreed with Stripe.
“API” has the meaning defined in the terms you agreed with Stripe.
2. Using the AdvicePay Portal
Upon your initial request to access the AdvicePay Portal, we will issue you certain identifying information (such as an account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “AdvicePay Credentials”). You understand and agree that all AdvicePay Credentials are stored with AWS and that AWS may at its discretion and from time to time use affiliates and/or various third party providers to store your AdvicePay Credentials.
AdvicePay will request that AWS use reasonable efforts to keep your AdvicePay Credentials, Payment Credentials and Stripe Credentials secure.
We do not store your Payment Credentials and Stripe Credentials at Advice Pay and AWS does not store them beyond what is reasonably necessary for you to input your Stripe Credentials and Payment Credentials into the Stripe payment platform through the AdvicePay Portal web page. We do not have the capacity to recall or retrieve your Payment Credentials or Stripe Credentials and you understand that we or AWS may delete any Payment Credentials and Stripe Credentials you input through the AdvicePay Portal web page at any time.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
You agree to comply with the AdvicePay’s Acceptable Use Policy as it may be published from time to time.
Your access to the AdvicePay Portal shall be subject to the security policy for the AdvicePay Portal available at security policy. You agree to the use of your data (including without limitation your AdvicePay Credentials, Payment Credentials and Stripe Credentials) in accordance with AdvicePay’s security policies.
3. Our Role.
AdvicePay Portal is an interface from which you may input Payment Credentials into the Stripe API, but it doesn’t change anything else about your relationship with your RIA, Stripe, your bank or your credit card company, which relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times responsible for any sums you owe to your RIA, your bank or your credit card company. You are ultimately responsible for the purchases you make from your RIA. Also, your RIA is the one responsible for providing you the services that you purchase using Stripe.
AdvicePay does not act as your agent or on your behalf. AdvicePay does not act as your RIA’s or Stripe’s agent or on their behalf. Stripe provides the Stripe API, not AdvicePay.
4. Making Changes.
If you want to delete your AdvicePay Credentials or change your settings, you can send an email to firstname.lastname@example.org.
5. Representations and Warranties.
By accessing the AdvicePay Portal you represent and warrant that you are at least 18 years of age and that you will not access or use the AdvicePay Portal for any fraudulent, unlawful or abusive purpose.
THE ADVICEPAY PORTAL, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE ADVICEPAY PORTAL, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ADVICEPAY, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE ADVICEPAY PORTAL, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION YOU INPUT IN THE ADVICEPAY PORTAL. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ADVICEPAY PORTAL WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY UPTIME INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, SETTLEMENT OR CANCELLATION OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.
7. Limitations of Liability; Force Majeure
NOTWITHSTANDING ANY OTHER TERM, IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE ADVICEPAY PORTAL, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED $10 US DOLLARS.
Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party and even if foreseeable, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
8. Governing Law
These Terms of Service will be governed by the laws of Delaware, except for Delaware’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Kent County, Delaware.
Notices and other communications to you may be made by mail, email, postings on the AdvicePay Portal or other reasonable means. We may also provide notices of changes to the Terms or other matters by displaying links to notices on the AdvicePay website. Notice to AdvicePay may be made to AdvicePay Inc., 815 West Curtiss Street, Bozeman, Montana 51715.
10. Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the AdvicePay Portal.
11. Termination /Assignment
AdvicePay shall have the right to terminate your account with AdvicePay or your use of the AdvicePay Portal at its entire discretion, at any time and without notice. Such termination shall not give rise to any liability for AdvicePay or obligation to pay any amount by AdvicePay.
You may not assign these Terms or the whole or part of any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the AdvicePay Portal or termination of these Terms for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 13.
AdvicePay’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including AdvicePay’s policies referenced herein, constitute the entire agreement between you and AdvicePay with respect to the use of your AdvicePay account and the AdvicePay Portal. Save as expressly provided herein, these Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and Advice Pay and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Service.
Last Revised: January 16th, 2017.