CoreChain Terms of Service
Last updated: October 24th, 2023
FOR EXAMPLE, SECTION 18 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THESE PROVISIONS WILL AFFECT HOW YOU ARE ABLE TO RESOLVE A DISPUTE WITH CORECHAIN. ALL DISPUTES BETWEEN YOU AND CORECHAIN MUST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.
THERE ARE SOME TERMS USED BELOW THAT ARE CAPITALIZED BUT AREN'T IMMEDIATELY DEFINED. THOSE TERMS HAVE THE MEANINGS GIVEN TO THEM IN Exhibit A.
IF YOU HAVE ANY QUESTIONS ABOUT A PAYMENT, INCLUDING INITIATING A PAYMENT, CANCELLING AN INITIATED PAYMENT, OR DISPUTING A PAYMENT, PLEASE READ AND FOLLOW THE INSTRUCTIONS IN Exhibit B BELOW.
1. Acceptance, Modifications
You accept this Agreement by accessing or using the Service where you are presented with a link to this Agreement, by executing an explicit writing thereto with reference to this Agreement, or by otherwise showing you assent to the terms of this Agreement. CoreChain may modify this Agreement at any time with or without notice to you by posting a revised Agreement at http://corechain.tech/legal/terms-of-service, or such other location contained in any notice. Any notice may be provided via messaging within the Service or email to your email address on file with CoreChain. By using the Service after the Agreement has been modified, you fully agree to all of the terms of the modified Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR ANY MODIFIED AGREEMENT, YOU ARE NOT AUTHORIZED OR LICENSED TO USE THE SERVICE, AND YOU AGREE NOT TO, OR TO CEASE DOING SO, AS APPLICABLE.
2. Description of the Service
2.1. What the Service Does
You may use the Service to facilitate your payments to your Suppliers in the amounts you request (the "Purpose"). You connect your systems to the Service via software, an App, file transfers, and/or other methods provided or arranged by CoreChain, and transmit payment instructions that you create in your systems to the Service. The Service then facilitates your payments by providing your payment instructions (including applicable Payment Data) to a Bank and/or one or more third parties, who then processes the payment. A payment may be completed through the method of choice of the Supplier, which may (where available) include the use of a virtual credit card, in which case CoreChain will facilitate a payment on your behalf pursuant to your instructions using a virtual credit card (the "Virtual Card Process"). CoreChain will provide your Payment Data including your Payment Account to Bank (as defined below) that will debit the corresponding amount of the payment from your financial institution via the Automated Clearing House ("ACH") network, in a single or multiple transactions at CoreChain's discretion.
2.2. VIRTUAL CARD PROCESS
WHEN A VIRTUAL CREDIT CARD IS USED TO MAKE YOUR PAYMENT, YOU ACKNOWLEDGE THAT CORECHAIN MAY EARN INTERCHANGE FEES AS PART OF THE TRANSACTION. YOU FURTHER ACKNOWLEDGE THAT, ALTHOUGH CORECHAIN MAY INITIATE THE VIRTUAL CARD PROCESS BASED ON YOUR SUPPLIER'S CHOICES, THE DECISION OF WHETHER TO USE SUCH PROCESS IS AT CORECHAIN'S SOLE DISCRETION.
2.3. What the Service Doesn't Do
The Service is limited to the Purpose. CoreChain and the Service do not: (A) take possession of your payment funds; (B) transmit or transfer funds or provide deposit account or other financial services; (C) set the terms of any payment transaction between you and Suppliers; (D) endorse or have any liability for transactions between you and Suppliers; or (E) control or have any liability for returns, refunds, chargebacks, or other questions or disputes you may have with any Supplier related to any payment transaction.
2.4. Bank and BillGO Transmission
The Service is operated by CoreChain in conjunction with a Bank and other third parties, including SouthState Bank, N.A., a national bank, Member FDIC (the "Bank") and BillGO, Inc ("BillGO"). The Bank and BillGO only have the limited responsibility set forth in Section 2.1 above, are not parties to this Agreement, and have no other responsibilities under this Agreement. This Agreement does not modify any separate written agreement you may have with any third party, including Bank, BillGO or any Supplier.
2.5. Supplemental Payment Terms
Additional terms and conditions relating to the payment process are set forth in Exhibit B to this Agreement. In the event of a conflict between the terms in the body of this Agreement and the terms in Exhibit B, the terms in Exhibit B will control but solely to the extent of the conflict.
It is your responsibility to ensure that all of the payment instructions are accurate and complete before you initiate a payment. Failure to provide accurate and complete information may result in errors in your requested payments to Suppliers, and you may not be able to recover a payment sent to an incorrect account or recipient.
The Service does not support payments to all types of Suppliers. For example, you may not initiate payments to Suppliers outside of the U.S., or to certain government agencies for certain types of payments (e.g., tax payments or certain court-ordered payments). In addition, when you send a payment using the Service, a Supplier is not obligated or required to accept it. You acknowledge that Suppliers may not accept payment from all types of funding sources and that CoreChain may otherwise limit the payment methods available for a particular Supplier. CoreChain may refuse to permit payment to a Supplier if it reasonably believes such refusal is necessary or advisable for legal or security reasons. If you fail to maintain a balance in the applicable Payment Account that is sufficient to fund any payment that you initiate, the transaction may not be completed, and CoreChain will have no liability for such incomplete transaction. Finally, your Payment Accounts must be held with U.S. financial institutions, be denominated in U.S. Dollars, and all funds must originate in the United States.
3. Authorization and Account Information
3.1. Supplier Information
By using the Service, you authorize CoreChain to access your Supplier Account and Supplier Account Data, including directly from your systems, as supplied by you, and via the Supplier's website, on your behalf and as your limited agent, in order to provide the Service. In the event a Supplier employs the use of a "CAPTCHA" or similar technology on its website during the login process, you further authorize the Service (or any third-party technology therein) to decode such "CAPTCHA" or similar technology as your limited agent on your behalf. After adding a Supplier Account through the Service, the Service may submit information, including any usernames and passwords that you provide, to log into the Supplier's website. You authorize CoreChain as your limited agent to use, transmit and store information associated with your Supplier Account and as necessary to modify such information stored in your systems or your Supplier Account Data in order to provide the Service. For the avoidance of doubt, you also allow CoreChain to retain and use any such third party information even after this Agreement terminates, including but not limited to CoreChain's use of such in its ongoing operations after you or CoreChain terminate this Agreement.
3.2. Payment Account Information
By initiating a payment through the Service, you authorize CoreChain and the Service to act as your limited agent to perform the actions described in Section 2.1 above and this Section 3.2, including debiting your Payment Account via ACH, accessing your applicable Payment Data and transmitting that data to Banks, other third parties, and Suppliers. You are solely responsible for complying with any terms set by your bank, credit union, or financial institution with respect to your Payment Account, including any terms relating to transaction limitations or fees, such as those pertaining to non-sufficient funds or overdrafts. If you are entitled to a reversal, refund, or other adjustment associated with a payment you made using the Service, you also authorize the crediting of your Payment Account to complete that transaction.
4. Privacy and Personal Information
4.2. Disclosure of Information
- (A) allow your Suppliers to receive and post payments from you;
- (B) allow the Bank to initiate debits from your Payment Accounts;
- (C) allow the Bank to initiate credits to your Payment Accounts in the event of a transaction issue or error;
- (D) initiate and process the Virtual Card Process;
- (E) resolve identified problems related to a payment;
- (F) perform account verification, including verifying the validity of your bank accounts including the Payment Account;
- (G) perform identity verification, including verifying your identity;
- (H) comply with applicable laws and regulations, including any anti-money laundering, export, and trade sanctions laws and their implementing regulations;
- (I) comply with the rules, requirements and guidelines of any card or ACH networks (e.g., National Automated Clearing House Operating Rules);
- (J) comply with orders, subpoenas, requests, or other inquiries made by a Government Body;
- (K) provide and improve Service, including without limitation by performing data analysis, analytics, and audits.
5.0. Eligibility for the Service
In order to use the Service, you warrant to CoreChain that the following facts are true:
- (A) you are acting solely on behalf of a commercial entity and have the power and authority to enter into this Agreement on behalf of such entity;
- (B) you will not use the Service for individual, household and personal bill payment activities;
- (C) you are a citizen or permanent resident of, or are lawfully allowed to reside in, the United States;
- (D) you have not previously been suspended from using the Service;
- (E) you are not now and have never been on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals list;
- (F) you are authorized to access and use any Payment Accounts for the purposes described in this Agreement and to initiate payments to Suppliers;
- (G) you have available funds or credit in your applicable Payment Account that are sufficient to fund all payments initiated through the Service;
- (H) you have a lawful account with each Supplier;
- (I) the information provided by you to CoreChain is true, accurate, complete, and current;
- (J) you have the right to authorize the transactions described in this Agreement; and
- (K) you are not engaged in a prohibited form of business or trade listed in Exhibit C
6. The Service
CoreChain hereby grants you a non-exclusive, non-transferable, non-sublicensable license to access the Service, provided you comply with the conditions in Section 6.2.
6.2. Conditions on License
Access to the Service granted pursuant to this Agreement is licensed, not sold, and you receive no title to or ownership of the Service itself. Furthermore, you receive no rights to the Service other than those specifically granted in Section 6.1 above. Without limiting the generality of the foregoing, you must not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Service ; (b) use the Service in any way forbidden by Section 7.1 below; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Service's source code, except to the extent allowed by law or any open source software distributed with the Service, if any.
7. Your Responsibilities and Restrictions
7.1. Conditions on Use
The Service is provided to you on the condition that you not: (A) access or use any portion of the Service in a manner not permitted by this Agreement; (B) resell or otherwise make the Service available to any third party in connection with any hosting, time-sharing, service bureau, SaaS, or other service; (C) alter or remove any copyright, trademark, or other proprietary notices provided through the Service; (D) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of a Person; (E) use the Service to commit fraud; (F) use the Service to attempt to gain unauthorized access to one or more accounts of any Person; (G) use the Service in violation of any applicable law or regulation, including the Digital Millennium Copyright Act, Bank Secrecy Act or USA Patriot Act; (H) use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, or spam; or (I) access or use the Service for purposes of competitive analysis of the Service, or benchmarking of the Service, or the creation or use of a competitive service.
7.2. Unauthorized Access
You agree to take reasonable steps to prevent unauthorized access to or use of the Service, including by protecting your usernames, passwords, personal identification numbers, and other authentication credentials. You must notify CoreChain immediately if you know of or suspect unauthorized use of the Service or breach of its security.
7.3. Service Security
You are responsible and liable for: (A) your use of the Service, including unauthorized conduct and conduct that would violate one or more provisions of this Agreement; and (B) any use of the Service through use of your account or credentials, whether authorized or not.
7.4. Internet Access & Storage
In order to use the Service, you must have a working internet connection, provide access to your systems and data via the internet as specified by CoreChain, and store your data including Payment Data on CoreChain's Hosted System.
7.5. App Platform
You may have the option to download an App through one or more app platforms or another delivery method chosen by CoreChain. If you download any App through an app platform (e.g., Google Play, Apple's App Store) then you, and not CoreChain, are responsible for complying with such app platform's terms.
8. Early Releases
CoreChain may periodically make available new or updated early-release features or functionality (the "early release features") in the Service for your use and which permit you to provide feedback. You acknowledge that your use of these early release features is voluntary and CoreChain is under no obligation to provide such features to you, either temporarily or permanently. You further acknowledge that the early release features are, by their very nature, not fully tested, and that you have chosen to use them at your own risk, with the understanding that such features are provided "AS-IS".
9. Intellectual Property Rights
9.1. Intellectual Property Rights in the Service
CoreChain retains all right, title, and interest in and to the Service, including without limitation the software, patents, including copyrights, and trade secrets, trademarks, design rights and passing off, any App, the Hosted System, Derived Data, CoreChain-supplied Content, and all user interfaces, logos, and trademarks reproduced through the Service, with the exception of interfaces, logos, trademarks and other intellectual property used to identify third parties, which constitute the property of their respective owners. This Agreement does not grant you any intellectual property license or rights in or to the Service or any of its components, except to the limited extent that this Agreement specifically sets forth your license rights to access the Service. You recognize that the Service and its components are protected by copyright and other laws.
"CoreChain," "CoreChain Pay" and any other product or service name or slogan used in the Service are trademarks of CoreChain or its affiliates and may not be copied or used, without the prior written permission of CoreChain or the applicable trademark holder. All other trademarks or logos provided through the Service, including those relating to the Bank, are the property of their respective owners.
CoreChain has not agreed to and does not agree to treat as confidential any Feedback that you provide to it, and nothing in this Agreement or in the parties' dealings arising out of or relating to this Agreement will restrict CoreChain's right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. You hereby grant CoreChain a perpetual, irrevocable right and license to reproduce, modify, distribute, display, perform, and otherwise exploit Feedback in any and every way.
10. Fees and Related
10.1. Service Fees
You are responsible for paying CoreChain, a reseller/channel partner, or an app platform (each, a "Billing Party") the fees set forth in your Subscription Documents (the "Fees") to access the Service without setoff or deduction. Unless otherwise stated in writing, a Billing Party will charge you in advance for the Fees for the subscription period described in your Subscription Documents ("Subscription Term"). Unless otherwise stated in this Agreement, all Fees are guaranteed and non-refundable. If your subscription to the Service renews, a Billing Party will, at or around the end of the then-current Subscription Term, charge you the Fees for the renewal Subscription Term. CoreChain reserves the right to increase the Fees in its discretion prior to any renewal Subscription Term, provided such increase is in accordance with applicable law and this Agreement. CoreChain does not charge transaction service fees as of the "last updated" date set forth above. However, Corechain reserves the right to charge such fees in the future, subject to notice and other requirements imposed by law. Notwithstanding the foregoing, CoreChain may charge fees for returned payments or other exception items as detailed in EXHIBIT B.
10.2. Third Party Fees
THERE MAY BE FEES OR CHARGES ASSOCIATED WITH CERTAIN PAYMENTS INITIATED BY YOU WITH WHICH CORECHAIN HAS NO INVOLVEMENT, AND MAY BE INCLUDED IN THE AMOUNT CHARGED BY A SUPPLIER.
10.3. Supplier Fees
Suppliers may be assessed direct or indirect fees and/or discounts to receive payments via the Service ("Supplier Fees"), which the parties agree is standard industry practice. To the extent necessary, you agree to indemnify and hold harmless CoreChain for any claims of any Supplier alleging insufficient payment based on such fees, including any and all legal fees and other expenses related to defending such claims. CoreChain may share any such Supplier Fees with third parties at its sole discretion. You are not entitled to any rebates or share of the Supplier Fees associated with your use of the Services, unless specifically set forth in your Subscription Documents.
10.4 Automatic Renewals
Upon expiration of the initial Subscription Term, your subscription to the Service will automatically renew for the specified renewal Subscription Term at CoreChain's then-current pricing, in accordance with the terms and conditions pertaining to automatic renewals presented to you in the Subscription Documents. You may elect not to renew your subscription pursuant to the terms of such Subscription Documents, or if such Subscription Documents are silent on the matter, then by providing CoreChain notice of your intent not to renew at least 30 days prior to the next renewal Subscription Term. All renewals are subject to payment of the applicable Fees.
You acknowledge that the Fees charged for the Service exclude taxes. You are responsible for payment of all taxes applicable to the Service, including without limitation all federal, state, and local sales, use, excise, and value-added taxes, with the exception of those taxes based solely on CoreChain's net income. You must reimburse CoreChain for any interest or penalties assessed on CoreChain as a result of your failure to pay taxes in accordance with this Section 10.5
All late payments for the Service will bear interest at the rate of 1.0% per month (or the maximum amount allowed by law, if less). You must reimburse CoreChain for all of its fees and costs incurred in collecting any late payments, including, without limitation, all attorneys' fees and court costs.
11. Term and Termination
Unless set forth otherwise in any Subscription Documents, this Agreement will continue until terminated by you or CoreChain as described below.
11.1. Termination by You
If you want to terminate this Agreement, you may do so by notifying CoreChain in writing as provided below.
11.2. Termination by CoreChain
CoreChain may, by use of a disabling device or any other lawful means, suspend, terminate, or otherwise deny your access to or use of the Service, without incurring any resulting obligation or liability, if: (A) CoreChain receives a judicial or other governmental demand, order, subpoena, or law enforcement request that expressly or by reasonable implication requires it to do so; (B) you refuse to accept the terms of any modified Agreement, despite receiving notice of such modified Agreement; (C) any aspect of this Agreement is limited by law or third-party terms of service; (D) CoreChain believes, in its reasonable discretion, that: (1) you breached or failed to comply with any term of this Agreement; or (2) you are, have been, or are likely to be involved in any fraudulent or unlawful activities; or (E) this Agreement expires or is terminated. This Section does not limit any of CoreChain's other rights or remedies, whether at law, in equity, or under this Agreement. Failure to pay Fees when due constitutes a breach. If CoreChain terminates your access to or use of the Service, this Agreement will automatically terminate.
11.3. Effect of Termination
On the effective date of termination: (A) CoreChain will attempt to complete all payment transactions that have begun processing at the time of termination; (B) initiated but not yet processed payments will be cancelled; and (C) you must stop using the Service immediately.
The following Sections will survive any termination of the Agreement: 4, 5, 7.1, 7.3, the disclaimers in 8, 9, 11.3, 11.4, 12.4, 12.6-12.8, 13-16, 18-24, and Exhibit A.
12. Limited Warranty; Disclaimer of Warranties; Disclaimers in General
12.1. Limited Warranty
CoreChain warrants that the Service, when used as permitted under this Agreement, will operate substantially as described in the documentation provided.
12.2. Exclusive Remedy
Your exclusive remedy, and CoreChain's sole liability, for any breach of this warranty will be for CoreChain to use commercially reasonable efforts: (A) to provide you with an error-correction or work-around that corrects the reported non-conformity; (B) to replace the non-conforming features of the Service with conforming features; or (C) if CoreChain determines such remedies to be impracticable within a reasonable period of time, to terminate this Agreement and refund any Fees that are attributable to the period of nonconformance.
12.3. Exclusion of Warranty
THE LIMITED WARRANTY ABOVE WILL NOT APPLY IF: (A) THE SERVICE IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING SUBSCRIPTION DOCUMENTS; (B) TO THIRD PARTY SERVICES OR PRODUCTS MENTIONED OR IDENTIFIED OR LINKED IN THE SERVICE; (C) TO ANY OBLIGATIONS BETWEEN YOU AND A SUPPLIER; (D) TO THE DATE OR TIME THAT A PAYMENT IS RECOGNIZED BY A SUPPLIER; OR (E) TO THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE IN THE SERVICE.
12.4. Warranty Disclaimers
EXCEPT AS SET FORTH IN LIMITED WARRANTY ABOVE, YOU ACCEPT THE SERVICE "AS IS" AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) CORECHAIN HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (B) CORECHAIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (C) CORECHAIN CANNOT CONTROL AND HAS NO RESPONSIBILITY OVER THE DATE AND TIME THAT PAYMENTS ARE RECOGNIZED BY SUPPLIERS; (D) CORECHAIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR DATA WILL REMAIN PRIVATE OR SECURE.
12.5. Mobile Alerts
You acknowledge that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Although CoreChain may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, it cannot guarantee the delivery, timeliness, or accuracy of the content of any alert, and you use and rely on alerts at your own risk.
12.6. Third Party Services and Content
You understand that the Service may contain links to third party websites, products, applications or features not owned or controlled by CoreChain ("Third-Party Services"), and that links to Third Party Services may also appear in Content available to you through the Service. The Service may also enable interactions between the Service and a Third-Party Service through applications that connect the Service with a Third-Party Service. Through Third Party Services you may be able to access Content from third parties that CoreChain does not control. YOU ACCESS THIRD PARTY SERVICES ENTIRELY AT YOUR OWN RISK, AND CORECHAIN WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD-PARTY SERVICES OR THIRD-PARTY CONTENT.
12.7. Not Legal, Tax, Accounting or Financial Advice
NEITHER CORECHAIN NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. CORECHAIN IS NOT A FINANCIAL PLANNER, ACCOUNTANT, BROKER, OR TAX ADVISOR. The Service is intended only to assist you in the Purpose. If any information and advice is provided through the Service (including recommendation for other financial products, if any), it may not be appropriate for your unique situation. Accordingly, before implementing any financial strategy, you should obtain additional information and advice from your accountant and other financial advisers who are aware of your individual financial circumstances.
12.8. Statutory Rights
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Limitation of Liability
13.1. Aggregate Liability
CORECHAIN'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO CORECHAIN IN THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
13.2. Excluded Damages
IN NO EVENT WILL CORECHAIN BE LIABLE TO YOU FOR: (A) LOST DATA, LOST PROFITS, OR LOSS OF BUSINESS; (B) LATE FEES, OVERDRAFT FEES, OR INSUFFICIENT FUND CHARGES, OR OTHER FEES IMPOSED ON YOU BY SUPPLIERS, ONE OR MORE OF YOUR BANKS, OR ANY OTHER THIRD PARTIES; OR (C) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. CORECHAIN IS NOT LIABLE TO YOU FOR A FAILURE TO TRANSFER MONEY OR MAKE A PAYMENT WHERE SUCH FAILURE IS NOT ATTRIBUTABLE TO AN ERROR WITH THE SERVICE.
13.3. CLARIFICATIONS & DISCLAIMERS
THE LIABILITIES LIMITED BY THIS SECTION 13 APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF CORECHAIN IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 13, CORECHAIN'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. FOR THE AVOIDANCE OF DOUBT, CORECHAIN'S LIABILITY LIMITS AND OTHER RIGHTS SET FORTH IN THIS SECTION 13 APPLY LIKEWISE TO THE BANK PARTIES (AS DEFINED BELOW), BILLGO, AND TO CORECHAIN'S AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "CORECHAIN PARTIES").
13.4. BANK AND OTHER THIRD PARTIES
YOU ACKNOWLEDGE THAT THE BANK AND ITS AFFILIATES AND EACH OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES (COLLECTIVELY, THE "BANK PARTIES") HAVE NO LIABILITY TO YOU WITH RESPECT TO THE SERVICE OR THIS AGREEMENT. YOU WAIVE ALL CLAIMS OR ACTIONS AGAINST THE BANK PARTIES IN THE EVENT OF ANY BREACH OF THIS AGREEMENT, AND YOU MUST LOOK SOLELY TO THE ASSETS OF CORECHAIN FOR THE SATISFACTION OF ANY REMEDY UNDER THIS AGREEMENT IN THE EVENT OF A BREACH OF THIS AGREEMENT. BANKS AND OTHER THIRD PARTIES CORECHAIN ENGAGES TO EFFECTUATE THIS AGREEMENT ON YOUR BEHALF SHALL BE CONSIDERED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, AND REASONABLY ENTITLED TO THE WAIVER SET FORTH HEREIN.
You indemnify and hold the CoreChain Parties and Bank Parties harmless for all damages, losses, fees, and costs (including reasonable attorneys' fees and costs) that relate to one or more third-party claims, actions, or investigations arising out of: (A) your actual or alleged violation of applicable law or the applicable rules or policies of any payment card association, network, or company; (B) your use of the Service in breach of this Agreement; (C) your violation of the rights of any third party; (D) lack of funds or credit in any Payment Account; or (E) any dispute between you and a Supplier, where such dispute is not due solely to the failure of the Service.
You may not export the Service except as authorized by U.S. law. In particular, but without limiting the foregoing, the Service may not be exported or re-exported: (A) into any U.S.-embargoed countries; or (B) to anyone on OFAC's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
16. U.S. Government Users
The Service is for use by private commercial enterprises. Notwithstanding the foregoing, the Service and any associated documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users, if at all, only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
17. Open Source Software
The Service may contain or be provided with open source software subject to open source software licenses, which means any software license approved as an open source license by the Open Source Initiative or any substantially similar licenses ("Open Source Components"). To the extent required by the licenses covering Open Source Components, the terms of such licenses will apply in lieu of the terms of this Agreement. A list of Open Source Components contained or provided with the Service are available upon request to CoreChain. To the extent the terms of a license applicable to an Open Source Component requires CoreChain to offer to provide source code for such Open Source Component, such offer is hereby made, and you may exercise such offer by following any links provided by CoreChain directing you to such Open Source Component.
18. BINDING ARBITRATION AND CLASS ACTION WAIVER
18.1. Agreement to Arbitrate
You and CoreChain agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement or the Service (each, a "Dispute") must be determined by binding arbitration, except that you retain the right to bring an individual action in small claims court (a "Small Claims Action"). In addition, because CoreChain is allowing you to use certain proprietary technology as set forth in this Agreement, CoreChain may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual, suspected, or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents and patent rights, database rights, and other proprietary and intellectual property rights (each, an "IP Protection Action").
18.2. No Arbitration Opt-Out
CoreChain will not under any circumstances permit you to opt out of the arbitration provisions of Section 18.1 by providing it notice or otherwise. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU AGREE NOT TO USE THE SERVICE, OR TO CEASE DOING SO, AS APPLICABLE.
18.3. CLASS ACTION WAIVER
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM MUST BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CORECHAIN MAY SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CORECHAIN ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING MAY BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CORECHAIN, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
18.4. Notice of Dispute
In the event of a Dispute, you must first send to CoreChain, by email or certified mail, a written notice of Dispute ("Notice of Dispute"). The Notice of Dispute must be either emailed to firstname.lastname@example.org or mailed via US Mail to CoreChain Technologies, Inc., Attn: Disputes, 470 James Street, Suite 6, New Haven, Connecticut 06513, and in each instance must be titled: NOTICE OF DISPUTE UNDER TERMS OF SERVICE. The Notice of Dispute must include both your email address and the mailing address you would like CoreChain to use when contacting you. If CoreChain elects to initiate arbitration against you, it will send its own Notice of Dispute to the email address and mailing address it has on file for you. A Notice of Dispute must: (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific amount of damages or other relief sought ("Demand").
If you and CoreChain do not reach an agreement to resolve the Dispute within 30 days after the Notice of Dispute is received, you or CoreChain may commence an arbitration proceeding. Any arbitration must be governed and administered by the American Arbitration Association (the "AAA") in accordance with the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures. ALL ISSUES IN THE DISPUTE ARE SUBJECT TO THE REVIEW OF A NEUTRAL ARBITRATOR. In ruling on a Dispute, the neutral arbitrator will apply the terms of this Agreement and the laws of the State of Delaware. The arbitrator has discretionary authority to conduct the arbitration via conference call or face-to-face hearing. The arbitrator will render an award within the time specified in the applicable procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. CoreChain and you agree that the arbitrator's award of damages must be consistent with the terms of Section 13 above as to the types and amounts of damages for which a party may be held liable. You may download or copy the AAA's forms and rules from https://www.adr.org or by calling the AAA at 1-800-778-7879. Unless you and CoreChain otherwise agree in writing, the arbitration must be conducted in the City and County of New Haven, Connecticut.
18.6. AAA Not Integral to Agreement to Arbitrate
You and CoreChain agree that the use of the AAA to administer arbitration is not integral to the parties' agreement to arbitrate Disputes. If the AAA will not or cannot conduct an arbitration, you and CoreChain will negotiate in good faith to agree on a sole arbitrator who will resolve the Dispute as provided in the applicable procedures. If the parties cannot agree on an arbitrator, either party may request a court of competent jurisdiction to appoint an arbitrator, who will follow the applicable procedures.
If one or more parts of this Section 18 are found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then, and only in that circumstance, those parts will be severed and the Dispute will be resolved subject to all remaining parts of Section 18. If such severance results in all or some parts of a Dispute proceeding in a court of law, the exclusive jurisdiction and venue for any such court proceeding will be the state or federal courts sitting in the City and County of New Haven, Connecticut. For purposes of any such court proceeding, you consent to, and will not challenge, such courts' personal jurisdiction over you, and you further waive objection based upon improper venue or forum non conveniens and will not seek transfer to another district or jurisdiction.
The Federal Arbitration Act governs the interpretation and enforcement of all provisions of this Agreement relating to arbitration.
19.1. From You to CoreChain
Except as set forth in Section 18 or Exhibit B, all legal notices from you to CoreChain under this Agreement must be sent: (A) by FIRST CLASS REGISTERED MAIL to CoreChain Technologies, Inc., Attn: Legal, 470 James Street, Suite 6, New Haven, Connecticut 06513; AND (B) by email to email@example.com. Such notice are effective: (C) in the case of mail, five days after mailing, when sent via certified mail, return receipt requested and postage prepaid; or (D) upon being received at the email address, with a "read receipt" as proof of receipt.
19.2. From CoreChain to You
Except as set forth in Section 18 or Exhibit B, you consent to receive all notices from CoreChain via email. Such notices are effective upon being sent to your email address. It is your responsibility to notify CoreChain of any change to your email address. Notices are also effective upon publication to you (including via in-Service messaging) or five days after mailing, when sent via certified mail, return receipt requested and postage prepaid to your address on file or in any Subscription Documents.
If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force and effect.
21. Third-Party Beneficiaries
Except as set forth in this Agreement, there are no third-party beneficiaries to this Agreement.
You may not assign this Agreement or delegate any rights under this Agreement without the prior written consent of CoreChain. CoreChain may assign this Agreement or delegate its rights under this Agreement without your consent, although CoreChain may notify you of any assignment.
No provision of this Agreement will be deemed waived unless the wavier is in writing and signed by CoreChain.
24. Entire Agreement
- 1. "Affiliate" means an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with a party.
- 3. "App" means any installed software or mobile application, which is a component of the Service.
- 4. "CoreChain" or "we" or "us" means CoreChain Technologies, Inc. or its subsidiaries, if applicable.
- 5. "Business Day" means Monday through Friday, excluding federal holidays and bank holidays.
- 6. "Content" means text, images, photos, audio or video files, and other forms of data or communication.
- 7. "Derived Data" means information or data that is derived by or through the Service from processing your data but is sufficiently distinct from your Personal Information so that such data cannot reasonably be reverse engineered from the Derived Data alone. Derived Data also includes, to the extent allowed by law, anonymized, aggregated, or de-identified data.
- 8. "Feedback" refers to any suggestion or idea for improving or otherwise modifying any aspect of the Service.
- 9. "Government Body" means (A) the government of a country or of a political subdivision of a country, (B) an instrumentality of any such government, (C) any other individual, entity, or organization authorized by law to perform any executive, legislative, judicial, regulatory, administrative, military, or police functions of any such government, or (D) an intergovernmental organization.
- 10. "Hosted System" means elements of the Service as hosted by CoreChain on remote servers owned, licensed, or accessed by CoreChain, including via any Infrastructure-As-A-Service or Platform-As-A-Service. The Hosted System may contain secure components built using distributed ledger technology.
- 11. "Payment Account" means your account with your applicable bank, credit union, or financial institution.
- 12. "Payment Data" means financial account information for certain payment methods, such as a credit card, debit card, or checking account, and Supplier Account Data.
- 13. "Person" means an individual, a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a Government Body.
- 15. "Service" means the business-to-business ("B2B") payment service discussed in the Agreement, effectuated via the relevant software, Hosted Service, and/or any App, and/or any related features offered by CoreChain. CoreChain delivers instructions to the Bank, BillGO, and other third parties to effect payments to Suppliers. More specifically, CoreChain effectuates B2B payments on your behalf and at your direction to Suppliers whom you properly instruct CoreChain to pay.
- 16. "Subscription Documents" means those service order and transaction documents associated with your subscription to the Service, which may be from an app platform's checkout page, a written document, or other form provided by or on behalf of CoreChain.
- 17. "Supplier" means a provider of goods or services to you, to which you want to effectuate a payment using this Service.
- 18. "Supplier Account" means your account with a Supplier.
- 19. "Supplier Account Data" means data relating to your Supplier Account (e.g., account number, invoice number, etc.).
- 20. "you" means, depending on the applicable context, (a) you as the end user of the Service, acting in your capacity and on behalf of a commercial entity which you are duly authorized to bind to the Agreement; (b) the commercial entity which is so bound to the Agreement by virtue of your use of the Service.
SUPPLEMENTAL TERMS AND CONDITIONS FOR PAYMENTS
1. Initiating a Payment Transaction
You may use the Service to initiate a Supplier payment at any time except that you must transmit the payment instruction before CoreChain's designated cut-off time on a day that CoreChain accepts payment instructions in order for the payment to be initiated on the same Business Day. A payment that is submitted after the processing cut-off time (or on a day that is not a day CoreChain accepts payment instructions) will be initiated on the next day CoreChain accepts payment instructions. Actual payment processing times vary by Supplier and the Supplier's chosen form of payment. CoreChain is not obligated to provide you with any notice of delay in processing your payment to the Supplier or of the completion or rejection of your payment to the Supplier. You are solely responsible for contacting the designated Supplier if you want to confirm receipt of your payment. CoreChain is not liable for any fees that result from late payments to Suppliers.
2. Cancelling a Payment Transaction
If you want to cancel a payment that has already been initiated, you must immediately email us at firstname.lastname@example.org to "stop payment" or "cancel payment," or call us at (475) 655-0888. We will use reasonable efforts to attempt to cancel the payment, but we do not and cannot guarantee that the payment will be cancelled. We will inform you of whether the cancellation was successful.
3. Preauthorized Recurring Payment Transactions
Not applicable as of the "last updated" date set forth above.
4. Refunds or Reversals of Completed Payments
You cannot use the Service to request a refund, cancellation, correction, or reversal of a completed payment (a "Payment Modification"). In such situations, you will need to contact the Supplier directly to request such Payment Modification.
5. Supplier Taxes
It is your (or your Supplier's) responsibility to determine what, if any, taxes apply to the payments you make to such Supplier, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. CoreChain is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction.
6. Unauthorized Payment Transactions
6.1. Unauthorized Payment Transactions: Notice
You must notify CoreChain immediately: (A) if you believe that that your Payment Data has been accessed or used in an unauthorized manner within the Service (i.e., in a way not authorized by you, such as an unauthorized electronic funds transfer); or (B) if you believe your user name or password used to log in to the Service (each, a "Login Credential") have been lost or stolen. In such circumstances you should contact us immediate via email to email@example.com. You may also call us at 475-655-0888, or write to us at CoreChain Technologies, Inc., Attention: Compliance, 470 James Street, Suite 6, New Haven, Connecticut 06513.
6.2. Available Protections
Depending on the type of Payment Account used, you may also be directed or required to contact your bank in order to avail yourself of potential protections available under the Electronic Funds Transfer Act (for deposit payment accounts; see Section 9 below for more information) or the Truth in Lending Act (for credit accounts and lines), (collectively the "EFT Acts"). When CoreChain receives notification from you, it will suspend your account. An "Unauthorized Electronic Funds Transfer" is an electronic funds transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
6.3. SouthState Bank Notice
As stated above, you should contact CoreChain regarding any unauthorized electronic funds transfers. If you have any questions, concerns, or detect an error with an electronic funds transfer through SouthState Bank, N.A., you can email CoreChain at firstname.lastname@example.org or call CoreChain at 475-655-0888 and CoreChain will attempt to resolve your issue or will route your issue to SouthState Bank, N.A.
In addition, SouthState Bank, N.A.'s mailing address is: SouthState Bank, National Association, Attn: ACH Department, 2440 Mall Drive, North Charleston, SC 29406.
7. Payment Transaction Limits or other Suspicious Activity
CoreChain may impose limits on the frequency and dollar amount of your payments to Suppliers and adjust the limits from time to time at our sole discretion. For example, we may limit the maximum dollar amount allowed per transaction, the aggregate dollar amount of transactions allowed over a period of time, or the maximum number of payments allowed over a period of time. A period of time may be measured as a calendar day, a rolling 30-day period, or otherwise. CoreChain also reserves the right to decline to process any payment that appears illegal or in breach of this Agreement and to notify relevant authorities.
8. Collection of Returned Item Fees; Correction of Funding Deficiencies
If an ACH debit against the Payment Account is returned unpaid for any reason, you authorize CoreChain at its sole discretion to instruct Bank to make a one-time electronic fund transfer from your account to collect a $50 fee. This is in addition to other charges that may apply with your financial institution. You further agree to immediately cure any funding deficiency that may result from a returned ACH debit in a method as may reasonably be specified by CoreChain, including but not limited to requiring you to initiate an immediate wire transfer to Bank for the full amount of such deficiency.
9. Electronic Fund Transfer Rights & Error Resolution Policy
9.1. Your Liability
(A) Authorized Transfers: You are liable for all electronic fund transfers that you authorize, whether directly or indirectly.
(B) Unauthorized Transfers: Tell us at once if you believe your Login Credential has been lost or stolen or if your account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your bank account(s).
(C) To the extent the EFT Acts apply to you, if you tell us within four (4) Business Days after learning of the loss or theft of your Login Credential for the Services or after learning of any other Unauthorized Electronic Fund Transfers associated with the Services, you can lose no more than $50. However, if you DO NOT tell us within four (4) Business Days after learning of the loss, theft or unauthorized use associated with the services, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
(D) To the extent the EFT Acts apply to you, if your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Login Credential or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 9.1 may be extended for a reasonable period.
9.2. Notice of Limitations
Any limitations regarding such Service, such as the type of electronic fund transfers that you may make, or the frequency or dollar amount of transfers, will be communicated to you in writing or displayed to you through the Service.
9.3. Transaction Documentation
We will provide reporting to you through the Service for each payment transaction facilitated through the Service.
9.4. Our Liability
See Sections 13 of the main Terms of Service above. If CoreChain fails to make or stop an electronic funds transfer in accordance with the terms of this Section 9, then to the extent the EFT Acts apply to you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(A) If, through no fault of ours, you do not have enough money in your bank account to make a payment.
(B) If the bank account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
(C) If the Service was not working properly and you knew about the problems when you started your payment.
(D) If we cannot complete a payment due to fraud or attacks on our systems or the Service.
(E) If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
There may be other exceptions stated in our Agreement with you.
9.5. Confidentiality Related to Electronic Fund Transfers
We will disclose information to third parties about the electronic fund transfers you make through the Service:
(A) Where it is necessary for completing the electronic fund transfers; or,
(B) In order to comply with government agency or court orders; or,
(C) If you give us written permission; or,
9.6. Error Resolution
In case of errors or questions about your electronic fund transfers, please immediately email us at email@example.com, call 475-655-0888, or write us at CoreChain Technologies, Inc., 470 James Street, Suite 6, New Haven, Connecticut 06513. If you think your bank account statement, receipt or payment history within the Service is wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Service, contact us as soon as you can. To the extent the EFT Acts apply to you, we must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
(A) Tell us your name and phone number associated with your Service account.
(B) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(C) Tell us the dollar amount of the suspected error.
(D) If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE SERVICE MUST BE DIRECTED TO CORECHAIN, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Service and for resolving any errors in transactions made in conjunction with such Service.
We will not send you a periodic statement listing transactions that you make through the Service. The transactions will appear only on the statement issued by your bank or other financial institution. REVIEW REGULARLY THE REPORTS YOU ARE PROVIDED THROUGH THE SERVICE, AND RECONCILE THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call, email, or write us as indicated below:
Write: CoreChain Technologies, Inc., 470 James Street, Suite 6, New Haven, Connecticut 06513
IF YOUR LOGIN CREDENTIAL IS LOST OR STOLEN, NOTIFY US AT ONCE by emailing, calling or writing to us at the telephone number or addresses listed above.
10. Consent to Electronic Communications
The Service is an electronic, Internet-based service. Therefore you understand, agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively "Communications") that the Service provides in connection with your use of the Service. Communications include:
(A) this Agreement and any updates, amendments, modifications, or supplements to it;
(B) other disclosures, announcements, and updates related to your use of the Service, including without limitation error resolution notices, privacy notices, and change-in-terms notices;
(C) records of any payment through the Service, including without limitation any payment histories and confirmations of individual transactions;
(D) any courtesy or customer service communications relating to your use of the Service.
CoreChain will provide these Communications to you by posting them in the Service and/or via email to your email address on file. CoreChain will also provide updated versions of agreements and policies on its website. You agree that electronic Communications have the same meaning and effect as if we had provided you with paper copies. All Communications will be deemed to have been received by you no later than five Business Days after CoreChain posts them in the Service or otherwise communicates them to you via the Service (e.g., notification, email, etc.). You agree that these are reasonable procedures for providing electronic Communications. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 Days after the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must provide us with a current street address. If you request paper copies, you understand and agree that CoreChain may charge you a fee of up to $15 per document requested. We may also authorize third parties to provide these copies to you.
You may withdraw your consent to receive electronic Communications at any time by contacting us as described above. However, the ability to receive electronic Communications from the Service is a condition of your use of the Service. Accordingly, withdrawal of your consent to receive electronic Communications will result in termination of your access to the Service. Any withdrawal of your consent will be effective immediately after a reasonable period of time for processing your request. If you do not wish to receive this Agreement and other Communications electronically, you may not use the Service.
If you have opened an account with the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must close your account right away. Please follow the steps described above in Section 11.1 of the main Terms of Service to do so.
- Adoption agencies (non-profit and for-profit)
- Adult Entertainment (online/storefront strips clubs, porn sites, sales of sex toys/videos, escort services, etc.)
- Bail Bondsman
- Bearer Share Entity or Other Anonymous Ownership
- Bitcoin Exchange or Virtual Currency
- Collection Agency/Firm Involved in Collecting Past Due Accounts
- Crowdfunding or Crowdsourcing Entities
- Drug Paraphernalia
- Embassy, Consulate or Diplomatic Mission
- Flea Markets (operating from a booth, on a part-time basis with no lease or telephone line)
- Foreign Government Agency
- Gambling Establishment
- Gun Sales
- Informal Value Transfer System
- Internet Gambling
- Internet Pharmacy
- Investment Opportunities (stocks, options, securities, currency, metals, etc.)
- Marijuana Dispensary or related business
- Modeling/Talent Agency
- Money Services Business
- Not-For-Profit Organizations
- Pawn Shop
- Protection Services
- Pyramid or Multi-level Marketing
- Sale of Real Estate, Resort Land, or Timeshares
- Shell Bank
- Shell Corporation
- Sports Forecasting or Odds Making
- Telemarketing Companies involved in the following: Pseudo-pharmaceuticals; Chain Letters; Vitamins; Any of the products/services listed otherwise as a Prohibited Business
- Telemarketing Companies with the following methods of operation: Free gift, prize, sweepstakes or winning of a contest as an inducement to purchase a product/service; In-bound calls in response to a post card, e-mail or similar technique
- Telephone Cards
- Title or Payday Lender
- Travel Agency