You may use your Square Card to receive money at ATMs where Mastercard tokens are displayed or on any point-of-sale (POS) device that carries Mastercard tokens, as approved by the merchant and subject to your Available Square Balance, cash access transaction limits, and other terms described in Section 21 of the Square Prepaid Card Terms. Withdrawals from ATMs may incur withdrawal fees. Square Pay is designed to collect and store your stored information so you can checkout faster. Square is solely responsible for collecting, storing, and retrieving your stored information. Your use of Square Pay does not change anything and is not intended to change your relationship with your credit card issuer, bank, or merchant with whom you do business. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of law provisions. Any action, proceeding, arbitration or mediation in connection with or in connection with this Agreement shall be filed, held or otherwise conducted in Dallas County, Dallas, Texas. PLEASE READ THIS POLICY CAREFULLY. IT PROVIDES THAT ANY CLAIM MAY BE SETTLED BY BINDING ARBITRATION AND (i) SELLER SHALL WAIVE ITS RIGHT TO A JURY TO SETTLE ANY CLAIM MADE AGAINST PAYMENTECH, MEMBER OR RELATED THIRD PARTY; (ii) SELLER WAIVES ITS RIGHT FOR A COURT TO RULE ON ALL CLAIMS AGAINST PAYMENTECH, RELATED MEMBERS OR THIRD PARTIES; (iii) SELLER WAIVES ITS RIGHT TO ACT AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR OTHER CAPACITY TO REPRESENT AND/OR PARTICIPATE AS A MEMBER OF A PANEL OF CLAIMANTS IN ANY SUIT OR ARBITRATION BROUGHT AGAINST PAYMENTECH, A MEMBER AND/OR RELATED THIRD PARTIES. Any claim, dispute or controversy (“Claim”) by Seller, Payment or Member against each other or against the officers, directors, employees, agents, parent companies, subsidiaries, affiliates, beneficiaries, agents, successors or assigns of the other arising out of this Agreement or the relationship between the parties under this Agreement or in any way whatsoever, including claims relating to the enforceability of this arbitration clause or the validity of the entire Agreement, shall be settled exclusively and definitively by binding arbitration administered by the American Arbitration Association (“AAA”). All claims are submitted to arbitration, regardless of the theory on which they are based.
This includes claims based on contract, tort (including willful tort), fraud, agency, negligence of seller, Von Paymentech or a member, legal or regulatory requirements or any other source of law. Claims and remedies sought in a class action, private attorney general, or other representative action are only submitted to arbitration on an individual basis (non-collective, non-representative), and the arbitrator may only grant relief on an individual basis (non-class, non-representative). Seller and Paymentech agree to another arbitral tribunal if the AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited only to the claim between the Seller and Paymentech and/or the Member. The arbitration, or any part thereof, will not be consolidated with any other arbitration and will not be conducted at the class or class action level. The prohibition of class actions contained in this article is inseparable from the rest of this article. If either party successfully arbitrates a claim against the other party, the unsuccessful party will reimburse the prevailing party for all costs it paid to the AAA in connection with the arbitration, as well as all reasonable attorneys` fees incurred by the prevailing party in such arbitration. Any decision made in such arbitration shall be final and binding on the parties and the judgment may be entered in a court of competent jurisdiction. AAA rules and forms can be requested and claims filed at any AAA office, www.adr.org, or 335 Madison Avenue, New York, NY 10017, phone 1-800-778-7879. This arbitration agreement is entered into pursuant to a settlement involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C§ 1-16. This arbitration agreement applies to all claims that currently exist or may arise in the future. Nothing in this Agreement shall be construed to mean that either party will be liable for the use (or promotion of claims, defenses or set-offs in) bankruptcy or repossession, reinstatement, enforcement or any other prior conviction or interim remedy with respect to the securities, security rights or other ownership rights in contract debts now or later in the possession of either party of the other party; disabled.
IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, SELLER AND PAYMENTECH MAY HAVE HAD THE RIGHT OR OPPORTUNITY TO HEAR CLAIMS IN COURT BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN DISPUTES BROUGHT BY OTHERS IN COURT (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THESE RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, WILL BE WAIVED AND ALL CLAIMS MUST NOW BE SETTLED BY ARBITRATION. You grant us security and a right of set-off and assignment, transfer, delivery, pledge and transfer to us, as security for the reimbursement of all obligations arising from these Payment Terms and any other agreement you have with us, all your rights, title and interest in and on all your accounts with us. You grant us collection authorizations for the funds you are required to repay. You authorize us to administratively freeze or request a third-party bank holding the account to freeze all such accounts so that we can protect our interests in security, collection, fees and set-off rights as provided in this section. Once approved, your bank – depending on the size of your business or the size of the bank – may be able to help you directly with your merchant service needs such as payment processing, card reader hardware, and other software such as point-of-sale systems. More likely, the bank will direct you to a acquiring partner. This means that you no longer work directly with the bank you thought you were having a relationship with. Instead, you`re working with a third-party provider that may be approved by your bank, but you may not know as much about. In the event of a failed attempt to recover funds from you, restoration permits will include your granting of new original permits to Square to recover all or less than the total amount you owe us and/or belong to us. .
