PaySAFE Terms of Use

These Terms of Use shall govern your use of the PaySAFEescrow.com website and service. The following terms, conditions and notices shall serve as an agreement that governs your use and participation in the transaction management and escrow services provided on and through PaySAFE Escrow, Inc., a corporation chartered under the laws of the Winnebago Tribe of Nebraska and wholly-owned by Ho-Chunk, Inc., an economic development corporation owned by the Winnebago Tribe of Nebraska (sometimes hereinafter referred to as “we,” “us” or “our”). By electing to utilize our website and services and agreeing to the Escrow Instructions, you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you do not agree with our Terms of Use, you must immediately discontinue further use of our website and service. If you agree to these Terms of Use, you will be bound as follows:

Copyrights & Trademarks. The contents of this site are the property of PaySAFE Escrow, Inc. unless otherwise indicated, and protected by copyright and trademark laws. PaySAFE Escrow, Inc. reserves all rights and the content of the website may not be reproduced, downloaded, disseminated, published, or transferred in any part whatsoever. The trademarks, logos and service marks displayed on the web site are the property of PaySAFE Escrow, Inc. and other parties.

Definitions. “Seller” means a person or Business that contracts to provide materials or labor to perform a service or transfer Goods. “Buyer” means a person or Business who purchases goods or services. “Person” is an Individual who purchases goods or services for personal use. “Business” means a non-individual, company, profession, or trade. “Broker” means a person or entity offering to broker goods or services and desiring to use PaySAFEescrow.com site in order to close such a sale. “Transaction” refers to the use of the PaySAFEescrow.com web site to facilitate a Seller's delivery of a good or performance of a service to a Buyer. "Account" means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, or (ii) an account of a Seller to which payment for the Transaction and other payments will be credited., or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained. "Agreement" refers to these Terms of Use. "Business Days" mean Monday through Friday, except for bank holidays. "Escrow Instructions" means the document on the Site that contains the terms and conditions of the escrow Transaction. "User" means a Buyer, Business, Person, Broker or a Seller participating in a Transaction. “Services” means the Transaction management and escrow services provided by our "Site" refers to the website for the Services which can be found at PaySAFEescrow.com.

Services Provided. You agree that PaySAFE Escrow, Inc. is not a financial institution. You agree that all business activity conducted by PaySAFEescrow.com is transacted within the Winnebago Indian Reservation, which lies in the northern half of Thurston County in northeastern Nebraska. You agree that PaySAFEescrow.com is not a money transmission service to be used to directly transfer funds between two parties. You agree the funds move between PaySAFEescrow.com Users as payment for bona fide goods and services provided by sellers and buyers. You agree that PaySAFEescrow.com is your agent for negotiations, funds allocation and remittance release for the Transaction in which you participate using the PaySAFEescrow.com website.

1. General Conditions of Use. You represent and warrant that all information you provide to us will be true, accurate and complete. A party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and that the User is a natural person of at least nineteen (19) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site and agree to all terms in this Agreement, on the Site, and in the Escrow Instructions.

2. Description of the Service. The Services are Internet-based transaction management services performed by us, in which we act as an escrow agent to facilitate the completion of Transactions under the terms of this Agreement, the Site rules, and the Escrow Instructions.

3. Availability of Services. Our Services are available only in the United States and other countries where permitted by law. The Services may not be available in all geographic areas. The Services and availability of the Services are subject to change without notice.

4. Limits on the Services. The Services are only available for lawful Transactions and Transactions not otherwise prohibited by Section 5 below. Funds utilized for Transactions are limited to U.S. currency. We do not handle currency conversions. Other limitations on the Services may apply and can be found on the Site or in the Escrow Instructions. Only registered Users may use the Services. In order to register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.

5. Prohibited Transactions. Users shall not utilize the Site or the Services in connection with any Transaction that is illegal, involves any illegal items, or is for any illegal purpose; In addition, PaySAFE Escrow Inc., in its sole discretion, may refuse to complete any Transaction that we have reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. Each User agrees to indemnify and hold PaySAFE Escrow, Inc. harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.

6. Payment of Funds. We will follow accepted business procedures to facilitate Transactions. We are NOT responsible for any delays in delivery or payments for Transactions due to postal time, banking service time, errors in transmission, or errors in information provided to us by Users. Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer, may be limited by your agreement with your financial institution and/or by applicable law, we are not liable to any User if we do not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. We may post operating rules related to payment on the Site and change such rules from time to time.

7. Obligations of Sellers. Sellers give us permission to act as an agent in facilitating the transfer of funds from Buyers in accordance with these Terms of Use and the Escrow Instructions. Each Seller authorizes PaySAFE Escrow, Inc. and its authorized agents to initiate the transfer of funds to such Seller's Account for payment of the full contract price, partial payment or applicable balance due. Sellers shall notify the Buyer on and through the Site to request, dispute or deny payment. Buyers shall respond to the request, disputed or denied funds in accordance with item 8 of these Terms of Use, in conjunction with the Escrow Instructions. Sellers authorize PaySAFE Escrow, Inc. to return the escrowed funds (excluding our fees) to the requesting party in the event that (a) The Seller agrees on and through the Site to release the escrowed funds back to the requesting party, or (b) The Seller fails to respond on and through the Site to a requesting party within thirty (30) days of such request, or (c) we are directed by an order or judgment from binding Arbitration or from a court of competent jurisdiction to return escrow funds to the requesting party. In the event Users cannot complete the Transaction pursuant to these Terms of Use, they agree to resolve any disputes related to the Transaction and/or release of escrowed funds pursuant to the Dispute Resolution provision contained in the Escrow Instructions.

8. Obligations of Buyers. Buyers give us permission to act as an agent in facilitating the transfer of funds to Sellers in accordance with these Terms of Use and the Escrow Instructions. Each Buyer authorizes PaySAFE Escrow, Inc. and its authorized agents to initiate the transfer of funds to the Seller's Account for payment of the full contract price, partial payment or applicable balance due. Buyers shall notify the Seller on and through the Site to release, dispute or deny payments. Sellers shall respond to the release, disputed or denied funds in accordance with item 7 of these Terms of Use, in conjunction with the Escrow Instructions. Buyers authorize us to transfer the escrowed funds (excluding our fees) to the Seller's Account when (a) The Buyer agrees on and through the Site to release such funds, or (b) The Buyer fails to respond on and through the Site to a Seller's request for payment within 30 days of any such request, or (c) we are directed by an order or judgment from binding Arbitration or from a Court of competent jurisdiction to return escrow funds to the requesting party. In the event Users cannot complete the Transaction pursuant to these Terms of Use, they agree to resolve any disputes related to the Transaction and/or release of escrowed funds pursuant to the Dispute Resolution provision contained in the Escrow Instructions.

9. Obligations of Brokers. When completing a new Transaction, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes PaySAFE Escrow, Inc. and its authorized agents to initiate credit entries to such Broker's account for payment of the Broker’s commission, and to debit Brokers account to discharge Broker’s obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Transaction details including purchase price, a description of goods or services. Transfer of Escrowed funds is authorized only by Buyer and Seller (item 7 & 8).

10. Our Responsibilities. We are obligated to perform only those duties expressly described in these Terms of Use and in the Escrow Instructions on the Site. We shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in Section 18 below). We may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that we are uncertain as to our duties or rights under this Agreement, receive any instruction, demand or notice from any User or financial institution which, in our opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to the Transaction and/or the release of escrowed funds, we may (a) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (b) refrain from taking any action other than to retain the funds we may hold in escrow for delivery in accordance with the written agreement of the Users, an Arbitration award and/or a final decision from a court of competent jurisdiction, or (c) discharge our duties under this Agreement by depositing all funds with a court of competent jurisdiction in accordance with the procedures outlined in the Dispute Resolution provision contained in the Escrow Instructions. We may, at any time, give notice of our intent to resign as Escrow Agent. If, within ten (10) days of such notice, we have not received notice from all Users in a Transaction that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent), we may discharge our duties under this Agreement by depositing all escrowed funds with a court of competent jurisdiction. If an alternate escrow agent is so designated, we shall be discharged from our duties under this Agreement and the Escrow Instructions, by delivering all escrowed funds to such person or entity. Upon payment of the escrowed funds pursuant to this Agreement, we shall be fully released from any and all liability and obligations with respect to the escrow funds and the Transaction.

11. Canceling a Transaction. If a Transaction cannot be completed for any reason, including cancellation by PaySAFE Escrow, Inc. for any reason, we will notify each User in such Transaction by e-mail, to the e-mail address each has provided to us. In our sole discretion, we may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Escrow Instructions by clicking the "Agree" button (checked box) as requested on the Site. The Transaction as provided in this Agreement is cancelled, on the Escrow Instructions page, by choosing not to click the “Agree” button (checked box). A Transaction may also be cancelled by receipt of email notification from both Users in a Transaction that they wish to cancel their Transaction.

12. Questions about the Services. You may inquire about payments made through the Service by calling the phone number which appears on the Site or by emailing us at support@PaySAFEescrow.com. You agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error, if you believe an error has been made or there has been any unauthorized use of your Account or the Services. When you contact us, please be prepared to provide your name and Transaction number.

13. Statements, Verification. You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or through the Site.

14. Digital Identification. You understand and agree that we create, issue and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mail. You agree that your Digital ID is a valid "Electronic Signature" as defined under the Uniform Electronic Transactions Act (1999) as adopted in Nebraska.

15. Fees. Unless otherwise agreed upon by each User in the Transaction, the Seller agrees to pay the escrow fees for the Services, as well as any other fees, including, without limitation, third party service fees (e.g. banking fees, credit card fees). Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed by or otherwise arising from using our Services.

16. Security. We use secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that the data you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. We have also implemented a security system requiring a user ID and a password to access your Transactions on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.

17. Disclaimers. You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. WE MAKE NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, OR ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. We expressly disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any seller of goods or services who utilizes our Site or Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein. You acknowledge and agree that we do not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service, any payment or clearing house system, or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).

18. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAYSAFE ESCROW, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Termination of Services. We may suspend or terminate your use of the Services at any time, without notice for any reason, in our sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, we will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but we are not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to collect any amounts you owe under this Agreement, or the Escrow Instructions.

20. Non-Transferability of the Services. You may not assign this Agreement or the Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of PaySAFE Escrow, Inc. We may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.

21. Modifications. We reserve the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Escrow Instructions. You understand that the most recent version of this Agreement will be located on the Site.

22. Notices. Notices from us to you may be given by e-mail, regular mail or by general posting on the Site. You may contact us by emailing us at support@PaySAFEescrow.com. or by regular mail to PaySAFE Escrow, Inc., 1 Mission Drive, Winnebago, NE 68071.

23. Indemnification. You agree to indemnify and hold us, our affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction Escrow Instructions, including, without limitation, payment of our fees and any charge backs from a credit card organization or reversal or nonpayment of any credit or debit entry.

24. Miscellaneous. In the event of any dispute related to the Transaction and/or the release of Escrowed Funds, you agree to resolve such dispute pursuant to the Dispute Resolution provision contained in the Escrow Instructions. This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and the Escrow Instructions, then the conflicting terms contained in the documents shall control as set forth in the following order or priority: (1) the Escrow Instructions, (2) this Agreement, and then (3) the rules contained on the Site. If any provision of this Agreement is held to be contrary to applicable law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions not deemed to be contrary to applicable law shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. We may assign this Agreement to any current or future affiliated company and to any successor in interest. We also may delegate certain of our rights and responsibilities under the Agreement to independent Sellers or other third parties. If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Use, as amended from time to time in our sole discretion, and evidence that you read, understood and accepted the then applicable Terms of Use.

25. Anti-Money Laundering Policy. Money laundering is the process by which criminally obtained money or other assets are exchanged for "clean" money with no obvious link to its criminal origin. By preventing money laundering, the movement of funds derived from criminal activities will be inhibited. This will in turn, restrict the availability of funds used for terrorist activities. We view Money Laundering as a serious criminal offence, and as such, comply with regulatory requirements intended to forestall and prevent money laundering. These include: (a) Confirming the identity of our users. (b) Retaining transaction and identification records for a minimum period of five years. (c) Training staff in terms of monitoring and reporting any and all suspicious activities to the relevant authorities. (d) Appointing a nominated officer responsible for maintaining current AML Compliance Program.
Please note that we reserve the right to refuse a transaction at any time should suspicion arise that it may be connected to money laundering or any other criminal activity. In addition, we will be obliged to report this suspicious activity and in line with regulations, is prohibited from disclosing this to the client.
By providing us with false identification or contact details, we will deem this a misuse of our service. We are legally bound to report such misdemeanours to the relevant authorities, and as such you may be the subject of a criminal investigation.
We will NOT do business with anyone suspected of, or directly involved in Money Laundering, or where funds have been sourced by any illegal activity. To assist the world wide fight against the funding of terrorism and money laundering activities, world wide laws require us to obtain, verify and record information that identifies each person who opens an account with us. This can be done in many ways, some of which may require you to provide documentation. Below are examples of documentation that may be required. Your customer service representative will guide you through this process.

Examples of Information required
When you open an account, you will be asked for information such as your, Name, Date of birth, Address, Identification numbers and source of funds. To verify this information, we use the latest available technology, but you maybe asked for identification documents such as, certified copies of documents showing nationality, residence, your address and a photograph of you. Typical verification documents are your passport/drivers licence plus a utility bill/bank statement.

Companies
When you open an account, a corporation, partnership, trust or other legal entity may need to provide other information, such as its principal place of business, local office, employer identification number. To verify this information, we use the latest available technology but you may be asked for certified articles of incorporation, government-issued business license, a partnership agreement or a trust agreement.

Certification
If you are required to provide certified copy documents, they must be of good quality, signed and dated with the words "True copy of the original" (or similar) and can be certified by the following people: accountant, lawyer, police officer or your bank manager. If you cannot get one of these people your customer relationship representative will work with you to find an appropriate substitute. The person certifying the ID document should be contactable so please write their contact details on the copy of the document. This information needs to be sent to us. We may conduct additional security checks on clients at our discretion. Your Customer Service Representative will contact you to assist you with this process.

What happens if I don’t provide the information requested or my identity can't be verified?
We may not be able to open an account or carry out transactions for you. If you already have an account, we may have to close it. Details of your specific requirements to open an account with us will be communicated to you by your customer services representative.

26. Governing Law These Terms of Use governing the use of our Site or Services shall be governed by and interpreted in accordance with the laws of the Winnebago Tribe of Nebraska.

27. Severability If for any reason a provision set forth herein is held to be invalid or unenforceable, the remaining provisions will continue in full force.

28. Access and Notification. If for any reason you are unable to gain access to the PaySAFEescrow.com website, then you must notify us by mail to: PaySAFE Escrow, Inc., 1 Mission Drive, Winnebago, NE 68071, by phone at 877.638.1518.

29. Agreement. When a User clicks on the “Agree” button of these Terms of Use, they agree to be bound by the terms set forth herein and our Escrow Instructions. Users hereby agree to conduct the Transaction electronically through our Site. Users also certify that they are at least 19 years of age. Users also acknowledge that PaySAFE may contact them via email for purposes related to any current or past transaction, as well as company updates. Users my opt out of company updates at any time.

30. Email and User Restrictions. Once you complete and submit your registration, you have opted in to receive email communication from us. Any images you upload may also be used for promotion of the Site, such as posts to social media or monthly newsletters. Any personal information related to those images will be redacted from such social media posts or newsletter features unless otherwise approved by the user. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of PaySAFE or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of PaySAFE; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.