Terms of Service

FamilyPay, llc

Last Update: July 30, 2020

Jump to section:

1. FamilyPay User Agreement
2. FamilyPay Privacy Policy
3. FamilyPay Electronic Communications Delivery Policy
4. FamilyPay Acceptable Use Policy
5. FamilyPay Dispute Resolution Process

a. user agreement

1. Our relationship with You.
2. Account.
3. Sending Money.
4. Receiving Money.
5. Account Balances.
6. Closing Your Account.
7. Fees.
8. Restricted Activities.
9. Your Liability – Actions We May Take.
10. Disputes with FamilyPay.
11. General Provisions.
12. Definitions.

This User Agreement ("Agreement") is a contract between you and FamilyPay, LLC and applies to your use of the FamilyPay Services aka “Familipay” and its Application (“App”) and Platform. You must read, agree with and accept all of the terms and conditions contained in this Agreement.

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting notice on the Policy Updates page of our website.

By using the familipay application, you affirm that you are eighteen years of age or older and of legal age to enter into this agreement.

This agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

Please note the following as regards using the FamilyPay Services, which are set forth in more detail in the relevant sections of this Agreement:

We may close, suspend, or limit your access to your Account or the FamilyPay Services, for up to 180 Days (or longer if pursuant to a court order or other legal process) if you violate this Agreement, the FamilyPay Acceptable Use Policy, any other agreement you enter into with FamilyPay, or as otherwise specified in this Agreement or other agreement you have entered into with FamilyPay.

1. Our Relationship with You

1.1 FamilyPay is an independent contractor for all purposes, and is not your agent or trustee. FamilyPay does not have control of, or liability for, the payments that are paid for with the FamilyPay Services. We do not guarantee the identity of any User or ensure that a user will complete a transaction.

In order to use the payment functionality of the FamilyPay application, you are accepting Checkbook.io's Terms of Service and Privacy Policy, our payment facilitator. Any funds held by Checkbook.io are held by Checkbook.io's financial institution partners as set out in the Checkbook.io's Terms of Service.  You authorize FamilyPay to collect and share with Checkbook.io your personal information including full name, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access Checkbook.io through FamilyPay’s application, and Checkbook.io notifications will be sent by FamilyPay, not Checkbook.io. Checkbook.io will be listed in your bank account’s statements of debits and credits facilitated by the FamilyPay platform and made through Checkbook.io and/or its financial partners. FamilyPay will provide customer support for your Checkbook.io activity, and can be reached at www.familipay.com, customerservice@familipay.com and/or 732-390-7900.

Any personal information that we collect through the App is subject to our Privacy Policy.

The time to complete a transfer will vary depending on the circumstances. Information about the time lapse between the sender’s initiation of a transfer, and the actual receipt of the transfer by the recipient, can be found at familypay.com.

See FamilyPay’s Dispute Resolution Process for resolving disputes between you and FamilyPay.

As to Payments by you to State Disbursement Units (SDUs) for child support or alimony:

• You agree to provide accurate data as specified by each state you are sending support payments to.
• You agree to validate all information if it is available in FamilyPay or verify your data with each state prior to sending any payments.
• You agree that any data corrections a state requests, will be made by you prior to the next payment for that case to that state or within two business days – whichever is shorter.
• You agree that if you do not correct data as requested by a state, and the state notifies FamilyPay of your failure to correct your data, your service can and may be immediately terminated.

1.2 Your Privacy.Protecting your privacy is very important to FamilyPay. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

1.3 Privacy of Others; Marketing.If you receive Information about another User through the FamilyPay Services, you must keep the Information confidential and only use it in connection with the FamilyPay Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.

1.4 Intellectual Property."FamiliPay.com", "FamilyPay" and “FamiliPay”, and all logos related to the FamilyPay Services are either trademarks or registered trademarks of FamilyPay or FamilyPay's licensors. You may not copy, imitate or use them without FamilyPay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of FamilyPay. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by FamilyPay through our Merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the FamilyPay Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to FamilyPay or the FamilyPay Services or display them in any manner that implies FamilyPay's sponsorship or endorsement. All right, title and interest in and to the FamilyPay website, any content thereon, the FamilyPay Services, the technology related to the FamilyPay Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of FamilyPay and its licensors.

1.5 AssignmentYou may not transfer or assign any rights or obligations you have under this Agreement without FamilyPay's prior written consent. FamilyPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

1.6 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the FamilyPay Services. You are responsible for keeping your mailing address and email address up to date in your Account Profile.

1.7 Notices to You. You agree that FamilyPay may provide you Communications about your Account and the FamilyPay Services electronically as described in our Electronic Delivery Communications Policy. Any electronic Communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any Communications sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.

1.8 Notices to FamilyPay. Except as otherwise stated above in the Electronic Communications Delivery Policy, and below in Section - Resolution Procedures for Unauthorized Transactions and Other Errors and Section - Disputes with FamilyPay, notice to FamilyPay must be sent by postal mail to: FamilyPay, LLC, Attention: Legal Department, 522 Route 18, Suite 5, East Brunswick, New Jersey 08816.

1.9 Account Statement. You have the right to receive an Account statement. You may view your Account statement by logging into your Account.

1.10 Calls to You; Mobile Telephone Numbers. By providing FamilyPay a telephone number (including a mobile telephone number), you agree to receive autodialed and prerecorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Account opening, adding a telephone number to your Account at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. We won’t share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our Family of Companies or with our service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply if we contact you.

1.11 Recording Calls. You understand and agree that FamilyPay may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with FamilyPay or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with FamilyPay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by FamilyPay, and FamilyPay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

2. Accounts

2.1 Eligibility. To be eligible to use the payment facilitating services of the FamilyPay platform, you must open an account with Checkbook.io.

2.2 Types of Transactions. You may send money from, and receive money into your Bank Account, as described in more detail in Sections - Sending Money and Receiving Money.

2.3 Identity Authentication. You authorize FamilyPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain FamilyPay Services, federal law requires that FamilyPay verify some of your Information. FamilyPay reserves the right to close, suspend, or limit access to your FamilyPay Account and/or the FamilyPay Services in the event we are unable to obtain or verify this Information.

2.4 Credit Report Authorization. If you open a FamilyPay Account, you are providing FamilyPay with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal credit report from a credit bureau. You are also authorizing FamilyPay to obtain your personal credit report: at any time FamilyPay reasonably believes there may be an increased level of risk associated with your FamilyPay Account.

2.5 Third Party Permissions. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your FamilyPay Account, either through your use of the third party's product or service, e.g. other Professional, or through your Account Profile, you acknowledge that FamilyPay may disclose the information about your Account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold FamilyPay responsible for, and will indemnify FamilyPay from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by changing your settings in your Account Profile.

3. Sending Money

3.1 Sending Limits. We may, at our discretion, impose limits on the amount of money you can send through the FamilyPay Services. You can view your sending limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. If you have a Verified Account, we may increase your sending limits.

3.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, FamilyPay will fund your transaction in this order:

1. Instant Transfer from your bank account

3.3 Preferred Payment Method You may select a Preferred Payment Method each time you make a payment, except when making a Preapproved Payment. Certain funding sources may not be available for certain payments; if there are funding source limitations, these will be disclosed to you as part of your transaction flow for the specific payment in question. For a Preapproved Payment you can select a Preferred Payment Method when you provide your initial authorization for this payment and through your Account Profile. You may choose to make a payment with a digital check that is emailed to your co-parent.

3.4 Payment Method Limitations. In order to manage risk, FamilyPay may limit the Payment Methods available for a transaction. In addition, Payment Methods may be limited if you make a FamilyPay payment through certain third party websites or applications. In all such cases, you may choose to continue with the transaction with the understanding that you may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.

3.5 Bank Transfers. When you use your bank account as your Payment Method for any transaction, you are requesting an electronic transfer from your bank account. For these transactions, electronic transfers via ACH from your bank account in the amount you specify will be made. You agree that such requests constitute your authorization and FamilyPay to make the transfers.

3.6 Refused and Refunded Transactions. When you send money, the recipient is not required to accept it. You agree that you will not hold FamilyPay liable for any damages resulting from a recipient's decision not to accept a payment made through the FamilyPay Services. Any unclaimed, refunded or denied payment will be returned to your Bank Account Balance or to the original Payment Method.

3.7 Merchant Processing Delay. If a credit card is used there may be a delay in processing the transaction.

3.8 Preapproved Payments. A Preapproved Payment, is a payment in which you authorize FamilyPay to have a transfer from your Bank Account on a one-time, regular, or sporadic basis to pay FamilyPay, a third-person or Merchant. Preapproved Payments are sometimes called “fees”, "subscriptions", "recurring payments”, "preauthorized transfers" or "automatic payments". The following applies to any Preapproved Payments you make:

1. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, debit card Payment Method or your Bank Account Balance, you have the right to advance notice of the amount and date of the transfer before the transfer is made. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.

2. Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 4 Business Days before the date of the next scheduled payment by notifying FamilyPay. To stop a Preapproved Payment by notifying FamilyPay, you must access your Account Profile and follow the links to stop the payment. Please keep in mind that Preapproved Payments are sometimes referred to as “fees”, "subscriptions", "recurring payments", "preauthorized transfers", or "automatic payments". If you stop a Preapproved Payment you may still be liable for the payment or other penalties under the terms of your agreement and you may be required to pay through alternative means. We will only be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.

3.9 Accuracy of Information.You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient and the amount of the transaction and the bank account information of the recipient.

3.10 Debit Card Processing. To be announced.

3.11 Credit Card Information. If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your Account.

4. Receiving Money

You may receive money using your bank account.

5. Account Balances

5.1 Balances. You do need to maintain a Bank Account Balance in your Bank Account in order to make or receive payments.

5.2 Negative Balances. If your Account has a negative Balance, payments will not be made from your bank account.

5.3 Setoff of Past Due Amounts. If you have a past due amount owed to FamilyPay or a FamilyPay affiliate, and the amount is not the subject of a dispute, FamilyPay may debit your Bank Account to pay any amounts that are more than 30 Days past due.

6. Closing Your Account

6.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions. We may limit your ability to make additional transactions using your Account.

6.2 Closing Your Account. You will remain liable for all obligations related to your Account even after the Account is closed.

7. Fees

7.1 Fees Overview. Fees are based on whether you are making a a Personal Payment. If credit cards are used, some fees are expressed as a percentage of the payment amount. All Fees are in U.S. Dollars unless otherwise stated.

1. For Personal Payments, the following applies:

   1. The Fee depends on the Payment Method you use.

   2. If you use your credit card as the Payment Method for a Personal Payment, you may be charged a cash-advance fee by your credit card company.

8. Restricted Activities

8.1 Restricted Activities. In connection with your use of our website, your Account, the FamilyPay Services, or in the course of your interactions with FamilyPay, other Users, or third parties, you will not:

1. Breach this Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with FamilyPay;

2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

3. Infringe FamilyPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

4. Act in a manner that is defamatory, trade libelous, threatening or harassing;

5. Provide false, inaccurate or misleading information;

6. Send or receive what we reasonably believe to be potentially fraudulent funds;

7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;

8. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;

9. Use the FamilyPay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties or other liability to FamilyPay, other Users, third parties or you;

10. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the FamilyPay Services;

11. Use your Account or the FamilyPay Services in a manner that FamilyPay, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;

12. Allow your Bank Account to have a negative Balance;

13. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the FamilyPay Services;

14. Take any action that may cause us to lose any of the services from our Internet service providers, payment facilitators, or other suppliers;

15. Use the FamilyPay Services to test credit card behaviors;

16. Circumvent any FamilyPay policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional FamilyPay Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional FamilyPay Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s FamilyPay Account;

17. Harass our employees, agents, or other users.

8.2 Unlawful Internet Gambling Notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being facilitated through your Account or your relationship with FamilyPay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

9. Your Liability – Actions We May Take

9.1 Your Liability.

1. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by FamilyPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the FamilyPay Services. You agree to reimburse FamilyPay, a User, or a third party for any and all such liability.

9.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to FamilyPay, FamilyPay may have transferred such amounts from your Bank Account Balance. If you do not have a Balance that is sufficient to cover your liability, your remaining Balance (if any) will be removed, your Account will have negative Balance up to the amount of your liability, and you will be required to immediately add funds to your Bank Account Balance to eliminate the negative Balance.

9.3 Actions by FamilyPay - Restricted Activities. If FamilyPay, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect FamilyPay, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

1. We may close, suspend, or limit your access to your Account or the FamilyPay Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information). Use the Report Form link to request information in connection with an account limitation, hold or reserve – to access the Report Form, go to www.familipay.com

2. We may contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;

3. We may update inaccurate Information you provided us;

4. We may refuse to provide the FamilyPay Services to you in the future;

5. We may hold your Account for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;

6. We may take legal action against you; and

7. If you violate the FamilyPay Acceptable Use Policy in addition to the above actions you will be liable to FamilyPay for the amount of FamilyPay's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of FamilyPay's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to FamilyPay that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. FamilyPay may deduct such damages directly from any existing Balance in the offending Account or any other Account you control.

8. FamilyPay, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the FamilyPay Services for any reason and at any time upon notice to you and payment to you.

9.4 Actions by FamilyPay - Court Orders or Other Legal Process.

FamilyPay, in its sole discretion, may take various actions including placing a hold, Reserve, or other limitation on your Account or the funds in it and/or releasing any or all of your funds in the event it receives notice of a court order or other legal process that restricts the use of or access to your funds or requires their release. FamilyPay will give notice of a hold, Reserve, or limitation it makes to comply with a court order or other legal process, unless the court order or other process directs that FamilyPay not provide you notice, in which case the court order or other process supersedes any notice obligation FamilyPay has undertaken or agreed to under the terms of this Agreement. FamilyPay has no obligation to contest or appeal from any such order or process. Holds, Reserves, or limitations on your account that are placed in response to a court order or other legal process may be maintained longer than 180 Days. FamilyPay will decide in its sole discretion the appropriate scope of a hold, Reserve, and/or limitation to assure compliance with a court order or other legal process.

9.4.a. Account Activity/Retention of Your Information

Even if you delete or edit information on your mobile device, all information generated through the App will be retained during the length of time you have an active account, including but not limited to, posted messages, photos, requests, calendar entries, financial entries, whether received or sent within each six month period (“Account Activity”) and for a period of time after termination of your account, as determined by FamilyPay (“Retention Term”). If there is no Account Activity for six months or longer, you agree that FamilyPay has no obligation to contact you or advise you that your account has terminated or is scheduled to be terminated due to inactivity, and that in such event FamilyPay, without liability, has the right to terminate your account and permanently delete all records and data associated with your account. For the Retention Term, you unconditionally and irrevocably grant FamilyPay the authorization to retain any data or records created by you, including but not limited to, text messages, financial transactions, photos, calendar events, and all information created by you.

9.4.b. Disclosure of Your Information

Because FamilyPay archives all information generated by users (you and others), any information related to your account may be retrieved by you or your child’s (or children’s) other parent or legal guardian (or in some cases by another court appointed professional, such as a guardian ad item), provided the person requesting the information has an active account at the time of the request or the account is within the Retention Term.

Like any company, FamilyPay is required by law to respond to subpoenas, which means any information generated within your account, including but not limited to, text messages, calendar events, and financial transactions will be disclosed in accordance with a court order. Confidential health information that you enter in the App (including through chat functions) may be subject to disclosure in connection with a subpoena or court order, as described in the FamilyPay policy relating to subpoenas and court orders. You agree to hold harmless, FamilyPay, for any information related to your account that FamilyPay shares pursuant to any subpoena or court order (“Compelled Disclosure”). Some investigations conducted by government agencies (for example a law enforcement agency), may require that the FamilyPay not inform you that such Compelled Disclosure is in process and you agree to hold FamilyPay harmless for complying with such order.

9.4.c. User Content

All materials of any kind generated via the App or online by you, or through any third party accessing your App, whether or not such third party is authorized by you, including without limitation, messaging text, photographs and images, financial information, health information, calendar events, and user data are considered individually and collectively "User Content". FamilyPay does not own or have any control over User Content, and is not responsible for any use or misuse (including any distribution) of User Content by any third party. By creating User Content of any nature, you agree that you retain all ownership rights in and to your User Content. You hereby grant FamilyPay a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, license to your User Content for FamilyPay to store, transmit, display, and remove, all in accordance with this Agreement and FamilyPay’s Privacy Policy, and otherwise distribute your User Content to the user(s) you have selected to receive such User Content.

9.5 Actions by FamilyPay - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. If we close your Account or terminate your use of the FamilyPay Services for any reason, we will provide you with notice of our actions. Except as expressly provided otherwise in this Agreement, if we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions; we will also provide you with an opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that FamilyPay’s decision to take certain actions, including limiting access to your Account by placing holds or imposing Reserves, may be based on confidential criteria that are essential to our management of risk and the security of Users’ Accounts and the FamilyPay system. You agree that FamilyPay is under no obligation to disclose the details of its risk management or security procedures to you.

10. Disputes with FamilyPay

You and FamilyPay agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section (Section - Disputes with FamilyPay). Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

10.1 Contact FamilyPay First. If a dispute arises between you and FamilyPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and FamilyPay regarding the FamilyPay Services may be reported to Customer Service online through the Family Pay Help Center any time, or by calling 732-390-7900 from 6 AM to midnight, Central Time.

10.2 Applicable Law. You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and FamilyPay, except as otherwise stated in this User Agreement.

10.3 Agreement to Arbitrate. You and FamilyPay each agree that any and all disputes or claims that have arisen or may arise between you and FamilyPay shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief.

   You and familypay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. unless both you and familypay agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect other familypay users.

2. Arbitration Procedures.

   Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this User Agreement as a court would. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.

   The arbitration shall be held in the county in which FamilyPay resides or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FamilyPay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FamilyPay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or FamilyPay, unless the arbitrator requires otherwise.

   The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different FamilyPay users, but is bound by rulings in prior arbitrations involving the same FamilyPay user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Costs of Arbitration.

   Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by FamilyPay should be submitted by mail to the AAA along with your Demand for Arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FamilyPay will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FamilyPay for all fees associated with the arbitration paid by FamilyPay on your behalf that you otherwise would be obligated to pay under the AAA's rules.

4. Severability.

   With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of Section - Disputes with FamilyPay, will continue to apply.

5. Opt-Out Procedure.

   You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new FamilyPay users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to FamilyPay, Inc., Attn: Litigation Department, 522 Route 18, Suite 5, East Brunswick, New Jersey 08816.

6. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the FamilyPay account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section - Disputes with FamilyPay, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

7. Future Changes to the Agreement to Arbitrate.

   Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against FamilyPay prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.FamiliPay.com, and shall not be effective as to any claim that was filed in a legal proceeding against FamilyPay prior to the effective date of termination.

10.4 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, FamilyPay will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

10.5 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

10.6 Indemnification. You agree to defend, indemnify and hold FamilyPay, our parent, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of FamilyPay, our parent, or our Affiliates, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the FamilyPay Services, and/or your violation of any law or the rights of a third party.

10.8 Release of FamilyPay. If you have a dispute with one or more Users, you release FamilyPay (and our parent, our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

10.9 State Agencies. In addition to reporting complaints against FamilyPay directly to FamilyPay as described above, if you are a California resident, you may report complaints to the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811. Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 800-342-2762. If you are a California resident, you have a right to receive the information listed in Section 1.7 (Notices to You) by email. To make such a request, send a letter to FamilyPay at the address listed in Section 1.8 (Notices to FamilyPay), include your email address, and request the information provided in Section 1.7.

11. General Provisions

11.1 Limitations of Liability. In no event shall we, our parent and affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of familypay, our parent or our affiliates be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, the familypay services, or this agreement (however arising, including negligence). some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. our liability, and the liability of our parent and affiliates, and our and their respective officers, directors, agents, joint venturers, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages. in addition, to the extent permitted by applicable law, familypay, our parent, and affiliates, and their respective officers, directors, agents, joint venturers, employees, and suppliers are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of or your inability to use familypay’s sites and services; (2) delays or disruptions in familypay’s sites and services; (3) viruses or other malicious software obtained by accessing familypay’s sites or services or any site or service linked to familypay’s sites or services; (4) glitches, bugs, errors, or inaccuracies of any kind in familypay’s sites or services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your account; (7) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or familypay’s policies. familypay reserves the right to modify its policies and this user agreement at any time consistent with the provisions outlined herein.

11.2 No Warranty. The familypay services are provided "as is" and without any representation of warranty, whether express, implied or statutory. familypay, our parent and affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of familypay, our parent or our affiliates, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FamilyPay does not have any control over the products or services that are paid for with the FamilyPay Services and FamilyPay cannot ensure that a User you are dealing with will actually complete the transaction or is authorized to do so. FamilyPay does not guarantee continuous, uninterrupted or secure access to any part of the FamilyPay Services, and operation of our site may be interfered with by numerous factors outside of our control. FamilyPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are facilitated in a timely manner but FamilyPay makes no representations or warranties regarding the amount of time needed to complete facilitation because the FamilyPay Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

11.3 License Grant. If you are using FamilyPay software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then FamilyPay grants you a revocable, non-exclusive, non-transferable license to use FamilyPay's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all FamilyPay documentation accompanying the FamilyPay Services. If you do not comply with FamilyPay’s implementation and use requirements you will be liable for all resulting damages suffered by you, FamilyPay and third parties. FamilyPay may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software. You acknowledge that all rights, title and interest to FamilyPay’s software are owned by FamilyPay. Any third party software application you use on the FamilyPay website is subject to the license you agreed to with the third party that provides you with this software. FamilyPay does not own, control nor have any responsibility or liability for any third party software application you elect to use on the FamilyPay website and/or in connection with the FamilyPay Services. If you are using the FamilyPay Services on the FamilyPay website, or other website or platform hosted by FamilyPay, or a third party, and are not downloading FamilyPay’s software or using third party software applications on the FamilyPay website, then this section does not apply to your use of the hosted FamilyPay Services.

11.4 Complete Agreement. This Agreement, along with any applicable policies e.g. Privacy Policy, Acceptable Use Policy, Electronic Delivery of Communications Policy, Dispute Resolution Process, and any agreements stated herein and on the Legal Agreements page on the FamilyPay website, sets forth the entire understanding between you and FamilyPay with respect to the FamilyPay Services. Sections - Our Relationship with You, Closing Your Account, Fees, Your Liability - Actions We May Take, Disputes with FamilyPay, General Provisions, and Definitions, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11.5 Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.

11.6 Force majeure You understand and agree we will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control. In such an event, FamilyPay may suspend the FamilyPay Services and access to your Account.

11.7 Indemnification. You agree to defend, indemnify and hold harmless FamilyPay, and our and its respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable terms or policies of FamilyPay; (b) your use of the FamilyPay Services; or (c) your negligence or willful misconduct; and/or (d) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules.

12. Definitions

"ACH" means the Automated Clearing House network.

"Account" means a Personal FamilyPay account.

"Account Profile" means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, preapproved payment authorizations, and your Account settings including your notification preferences and API Access permissions.

"Affiliate", "Affiliated Company" or "Family of Companies" are companies that are direct or indirect subsidiaries of FamilyPay, LLC or are otherwise related to FamilyPay through common ownership or control. For more information on our Corporate Family, please visit https://familipay.com/about/.

"Agreement" means this agreement including all subsequent amendments.

"Authorize" or "Authorization" means a user's express authorization to collect a payment from the user's Account.

"Balance" means any amount of funds that you have in your Bank Account, which could be a negative amount if users have initiated chargebacks against your Account or if you otherwise owe FamilyPay money. The terms "money" and "funds" are used interchangeably in this Agreement. A FamilyPay balance represents an unsecured claim against FamilyPay and is not insured by the FDIC.

"Business Days" means Monday through Friday, excluding Holidays.

"Communications" means any Account, or transaction information that FamilyPay provides to you, including: any agreements and policies you agree to, including updates to these agreements or policies; annual disclosures, including prospectuses and reports; transaction receipts or confirmations; Account statements and history; and federal and state tax statements we are required to make available to you.

"Chargeback" means a request that a user files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

"Claim" means a challenge to a payment that a User files directly with FamilyPay in the Online Resolution Center of this Agreement.

"Confirmed Address" means an address that has been reviewed by FamilyPay and found highly likely to be that of the User to which it is associated.

"Customer Service" is FamilyPay's customer support which can be accessed online through the FamilyPay Help any time, or by calling (733) 390-7900 from 6 AM to midnight Central Time.

"Days" means calendar days.

"Default Payment Methods" means the order in which FamilyPay uses your Payment Methods to fund a transaction if you do not select a Preferred Payment Method.

"Digital Check" means a check using a sender’s bank account as a Payment Method that is emailed by one co-parent to the other co-parent that may be printed out for deposit in a bank account or cashed.

"Dispute" means a dispute filed by a User directly with FamilyPay in the Online Resolution Center of this Agreement.

"Family of Companies" has the same meaning as Affiliate.

"Fees" means those amounts stated in Section 7 (Fees) of this Agreement.

"Holidays" means New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, FamilyPay shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, FamilyPay shall observe the Holiday on the following Monday.

"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.

"Mass Payments" means the ability to send multiple payments at the same time.

"Payment Method" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction: personal bank account, credit card, debit card, digital check.

"FamilyPay," “Familipay”, "we," "us" or "our" means FamilyPay, LLC and its subsidiaries and affiliates.

"FamilyPay Debit Card" means a FamilyPay branded debit card.

"FamilyPay Direct Payment" means a payment facilitated by FamilyPay that is funded directly by a credit or debit card and not through a Bank Account.

"FamilyPay Mobile" means a FamilyPay Service that allows you to send and receive payments through your mobile phone.

"FamilyPay Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.

"Personal Account" means an Account established primarily for personal, family, or household purposes.

"Personal Payment" means amounts sent between two individuals (not to or from a business). Examples of Personal Payments include sending child support, alimony or a shared expense.

"Policy" or "Policies" means any Policy or other agreement between you and FamilyPay that you entered into on the FamilyPay website or in connection with your use of the FamilyPay Services.

"Preapproved Payment" means a payment in which the recipient is provided advance Authorization to debit the sender’s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. Preapproved Payments are sometimes called “fees”, "subscriptions", "automatic payments", "automatic billing" or "recurring payments."

"Preferred Payment Method" (also called "Backup Payment Method") means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.

"Restricted Activities" means those activities described in Section 9 (Restricted Activities) of this Agreement.

"Send Money" means your ability to send money though facilitation by FamilyPay including in connection with a Personal Payment.

"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

"Verified Account" means an Account status that reflects reasonably surety that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

"User" means any person or entity using the FamilyPay Services including you.

b. FamilyPay Privacy Policy

Last Update: October 22, 2019

Your Privacy Rights

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to theFamilyPay.com website and all related sites, applications, services and tools regardless of how you access or use them. You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively "FamilyPay Services"). We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the "Policy Updates" page of our website.

Jump to section:

1. How we collect information about you
2. How we use cookies
3. How we protect and store personal information
4. How we use the personal information we collect
5. Marketing
6. How we share personal information with other FamilyPay users
7. How we share personal information with other parties
8. How you can restrict FamilyPay from sharing your personal information
9. How you can access or change your personal information
10. How you can contact us about privacy questions

1. How we collect information about you

When you visit the FamilyPay.com website or use FamilyPay Services, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us includes data on the pages you access, your computer IP address, device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you’re using and traffic to and from our site. When you visit the FamilyPay.com website or use FamilyPay Services, we also collect information about your transactions and your activities.

In addition, if you open a FamilyPay account or use FamilyPay Services, we may collect the following types of information:

• Contact information, such as your name, address, phone, email and other similar information.
• Financial information, such as the full bank account numbers and/or credit card numbers that you link to your FamilyPay account or give us when you use FamilyPay Services.
• Detailed personal information such as your date of birth or social security number.

We may also obtain information about you from third parties such as credit bureaus and identity verification services.

You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your FamilyPay account and authorizing FamilyPay to have access to this information, you agree that FamilyPay may collect, store and use this information in accordance with this Privacy Policy.

In order to help protect you from fraud and misuse of your personal information, we may collect information about your use and interaction with our website or FamilyPay Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

We may also collect additional information from or about you in other ways, such as through contact with our customer support team, results when you respond to a survey and from interactions with members of the FamilyPay, LLC corporate family or other companies.

2. How we use Cookies

When you access our website or use FamilyPay Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, "Flash cookies" or other local storage provided by your browser or associated applications ("Cookies"). We use these technologies to: recognize you as a customer; customize FamilyPay Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and FamilyPay Services.

We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire.

We encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website and FamilyPay Services. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.

You may encounter FamilyPay Cookies on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a Cookie placed by the web page or application. Likewise, these third parties may place their own Cookies that are not subject to our control and the FamilyPay Privacy Policy does not cover their use.

3. How we protect and store personal information

Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

We store and process your personal information on our computers in the US and elsewhere in the world where our facilities are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

4. How we use the personal information we collect

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

• provide FamilyPay Services and customer support;
• facilitate transactions and send notices about your transactions;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• customize, measure, and improve FamilyPay Services and the content, layout, and operation of our websites and applications;
• deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
• contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement.
• compare information for accuracy and verify it with third parties

5. Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize FamilyPay Services, content, and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by logging into your account and going to the Notification section under the Settings tab and updating your preferences, or by following the directions that may be provided within the communication or advertisement.

We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.

We may call or text message (SMS) you at a mobile phone number that you have provided to us. You can indicate your contact preferences by logging into your account and adjusting your preferences in your Account Information Settings or by following the directions provided within the communication.

6. How we share personal information with other FamilyPay users

To facilitate your payments through Familipay, we may share some of your personal information with the person or company that you are paying or that is paying you. Your contact information, date of sign-up, the number of payments you have received from verified FamilyPay users, and whether you have verified control of a bank account are provided to other FamilyPay users with whom who you transact through FamilyPay. In addition, this and other information may also be shared with third parties when you use these third parties to access FamilyPay Services. Unless you have agreed to it, these third parties are not allowed to use this information for any purpose other than to enable FamilyPay Services.

We work with third parties, including merchants, to enable them to accept from you using FamilyPay. In doing so, a third party may share information about you with us, such as your email address or mobile phone number, to inform you that a payment has been sent to you or when you attempt to pay a merchant or third party. We use this information to confirm that you are a FamilyPay customer and that FamilyPay as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that we validate your status as a FamilyPay customer with a third party, we will do so.

Please note that users you pay support to e.g. State Disbursement Units, have their own privacy policies, and although FamilyPay’s user agreement does not allow the other transacting party to use this information for anything other than providing FamilyPay Services, FamilyPay is not responsible for their actions, including their information protection practices.

Regardless, we will not disclose your credit card number or bank account number to anyone you have paid or who has paid you using FamilyPay, or with the third parties that offer or use FamilyPay Services, except with your express permission or if we are required to do so to comply with credit card rules, a subpoena, or other legal process.

7. How we share personal information with other parties

We may share your personal information with:

• Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
• Credit bureaus and collection agencies to report account information, as permitted by law.
• Companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
• Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to FamilyPay or one of its affiliates; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
• Other third parties with your consent or direction to do so.

FamilyPay will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.

8. How you can restrict FamilyPay from sharing your personal information

FamilyPay maintains your preferences for use and sharing of information, including how we contact you. Some federal and state laws allow you to restrict the sharing of your personal information in certain instances. FamilyPay does not share your personal information with third parties for their marketing purposes unless you have given your explicit consent.

9. How you can access or change your personal information

You can review and edit your personal information at any time by logging in to your account and reviewing your account settings and profile. You can also close your account through the FamilyPay website. If you close your FamilyPay account, we will mark your account in our database as "Closed," but may retain personal information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our User Agreement, or take other actions as required or permitted by law.

10. How you can contact us about privacy questions

If you have questions or concerns regarding this policy, you should contact us by using this form or writing to us at FamilyPay, Attn: Privacy Department,. FamilyPay maintains offices at 522 Route 18, Suite 5, East Brunswick, New Jersey 08816. Copyright © FamilyPay 2024

c. FamilyPay Electronic Communications Delivery Policy

This policy describes how FamilyPay communicates with you electronically, provides additional detail about the Communications we provide you, and sets out the hardware and software you need to receive these Communications.

Electronic delivery of communications

• You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your FamilyPay account ("Account") and your use of our services. Communications include, but are not limited to:
• agreements and policies you agree to (e.g., the FamilyPay User Agreement, the FamilyPay Privacy Policy and FamilyPay Acceptable Use Policy), including updates to these agreements or policies;
• annual disclosures, including reports for your FamilyPay Account;
• transaction receipts or confirmations;
• Account statements and history; and
• information related to any other Account, FamilyPay account, or transaction.

We will provide these Communications to you by posting them on the FamilyPay website and/or by emailing them to you at the primary email address listed in your FamilyPay Account Profile.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

• a computer with an Internet connection;
• a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
• Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
• a valid email address (your primary email address on file with FamilyPay); and
• sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from FamilyPay. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to withdraw your consent

You may withdraw your consent to receive Communications electronically by writing to us at "Attn: Electronic Communications Delivery Policy, FamilyPay, LLC, 522 Route 18, Suite 5, East Brunswick, New Jersey 08816, or by contacting us via the "Contact Us" link at the bottom of each page of the FamilyPay website. If you fail to provide or if you withdraw your consent to receive Communications electronically, FamilyPay reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account (such as a Student Account), or charge you additional fees for paper copies.

Requesting paper copies of electronic Communications

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 have a current street address on file as your “Home” address in your FamilyPay Account Profile. If you request paper copies, you understand and agree that FamilyPay may charge you a Records Request Fee for each Communication.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that FamilyPay can communicate with you electronically. You understand and agree that if FamilyPay sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FamilyPay will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add FamilyPay to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the FamilyPay website. If your email address becomes invalid such that electronic Communications sent to you by FamilyPay are returned, FamilyPay may deem your Account to be inactive, and you will not be able to transact any activity using your FamilyPay Account until we receive a valid, working primary email address from you.

d. FamilyPay Acceptable Use Policy

Restricted Activities. In connection with your use of our website, your Account, the FamilyPay Services, or in the course of your interactions with FamilyPay, other Users, or third parties, you will not:

1. Breach this Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with FamilyPay;
2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
3. Infringe FamilyPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
4. Act in a manner that is defamatory, trade libelous, threatening or harassing;
5. Provide false, inaccurate or misleading information;
6. Send or receive what we reasonably believe to be potentially fraudulent funds;
7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
8. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
9. Use the FamilyPay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties or other liability to FamilyPay, other Users, third parties or you;
10. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the FamilyPay Services;
11. Use your Account or the FamilyPay Services in a manner that FamilyPay, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
12. Allow your Bank Account to have a negative Balance;
13. Access the FamilyPay Services from a country that is not included on FamilyPay's permitted countries list;
14. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the FamilyPay Services;
15. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
16. Use the FamilyPay Services to test credit card behaviors;
17. Circumvent any FamilyPay policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional FamilyPay Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional FamilyPay Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s FamilyPay Account;
18. Harass our employees, agents, or other users.

e. FamilyPay Dispute Resolution Process

Disputes with FamilyPay.

You and FamilyPay agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section (Section - Disputes with FamilyPay). Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Contact FamilyPay First. If a dispute arises between you and FamilyPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and FamilyPay regarding the FamilyPay Services may be reported to Customer Service online through the Family Pay Help Center any time, or by calling (732) 390-7900 from 6 AM to midnight, Central Time.

Applicable Law. You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and FamilyPay, except as otherwise stated in this User Agreement.

Agreement to Arbitrate. You and FamilyPay each agree that any and all disputes or claims that have arisen or may arise between you and FamilyPay shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

   You and familypay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and familypay agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other familypay users

2. Arbitration Procedures.

   Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this User Agreement as a court would. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.

   The arbitration shall be held in the county in which FamilyPay resides or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FamilyPay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FamilyPay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or FamilyPay, unless the arbitrator requires otherwise.

   The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different FamilyPay users, but is bound by rulings in prior arbitrations involving the same FamilyPay user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Costs of Arbitration.

   Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by FamilyPay should be submitted by mail to the AAA along with your Demand for Arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FamilyPay will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FamilyPay for all fees associated with the arbitration paid by FamilyPay on your behalf that you otherwise would be obligated to pay under the AAA's rules.

4. Severability.

   With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of Section - Disputes with FamilyPay, will continue to apply.

5. Opt-Out Procedure.

   You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new FamilyPay users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to FamilyPay, Inc., Attn: Litigation Department, 522 Route 18, Suite 5, East Brunswick, New Jersey 08816.

6. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the FamilyPay account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of Section - Disputes with FamilyPay, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
7. Future Changes to the Agreement to Arbitrate.

   Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against FamilyPay prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to https://www.familipay.com, and shall not be effective as to any claim that was filed in a legal proceeding against FamilyPay prior to the effective date of termination.

Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, FamilyPay will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification. You agree to defend, indemnify and hold FamilyPay, our parent, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of FamilyPay, our parent, or our Affiliates, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the FamilyPay Services, and/or your violation of any law or the rights of a third party.

Release of FamilyPay. If you have a dispute with one or more Users, you release FamilyPay (and our parent, our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

State Agencies. In addition to reporting complaints against FamilyPay directly to FamilyPay as described above, if you are a California resident, you may report complaints to the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811. Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762. If you are a California resident, you have a right to receive the information listed in Section 1.7 (Notices to You) by email. To make such a request, send a letter to FamilyPay at the address listed in Section 1.8 (Notices to FamilyPay), include your email address, and request the information provided in Section 1.7.