Terms and Conditions

When you use The Website Payments services to pay for subscription services, you agree that we may communicate with you electronically any important information regarding your purchase or your account.

Payments

Funding and spending. When you make a payment using The Website, you agree to have the funds in your account prior to sending funds.

You acknowledge that we use Dwolla and Stripe Connect for The Webiste Payments and you will be subject to Dwolla’s and or Stripe’s terms of service as well. Dwolla terms of service are provided separately when creating a Site Payments account and can be found on the Dwolla site as are Stripe’s.

The Company provides access for users to use Stripe to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For the avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until canceled.

The Company provides access for users to use PayPal to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Paypal’s terms of service, available at https://www.paypal.com/ga/webapps /mpp/ua/useragreement-full. This may be updated from time to time. For the avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside of the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until canceled.

You agree that if at any time The Company finds or has reason to doubt the legitimacy of your account or payments The Company can intervene and seize any and all funds until property identity is confirmed for funds to be returned to the proper owners.

In the event, The Company suspects your account of being fraudulent you agree that The Company will seize all funds and hold them until either the property authorities and owners have been contacted and funds returned.

For Services offered on a payment or subscription basis, the following terms apply, unless Bronxcmag or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

1. Payments will be captured at subscription to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. Membership fee is U.S. dollars five thousand and there is a per transaction fee of 0.02% charge above any fees incurred by any third-party vendor.
2. You must pay with one of the following:
   1. A valid credit card acceptable to Bronxcmag.
   2. A valid debit card acceptable to Bronxcmag.
   3. A valid bank account acceptable to Bronxcmag.
   4. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due. or
   5. By another payment option Bronxcmag provides to you in writing.
3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
5. Bronxcmag will automatically renew your annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

Fees

Facilitator Fee. The recipient, such as a seller or a third party facilitating your payment transaction (“Facilitator”) may charge you additional service fees (“Facilitator Fee”) based on their terms and conditions. We recommend that you review Facilitator Fee terms before completing your payment.

Reversal Fee. If a payment that you send is subject to a Reversal as set out in Section 6 (Transaction reversal), you may be charged a fee of $25.00 (“Reversal Fee”).

Transaction Limits

Account limits. You are limited on the amount of money that can be sent from your Account per transaction. The per transaction limit varies based on your Account type. Personal Accounts are limited to sending $5,000.00 per transaction. Business, Non-profit, and Government Accounts are limited to sending $10,000.00 per transaction. We reserve the right to decrease your spending limit at any time, for any reason.

Increased limits. You may apply for an increased spending limit here. Approval is solely in The Company’s discretion and may be reassessed and/or revoked at any time.

Funding Source Limitations

Recipient Limitation. A recipient, such as a seller, may choose not to accept all forms of The Company funding sources. This means you may not be able to choose from the full range of funding sources you have available in your Account to complete your payment to that recipient. This would then be reflected in your Website Payments account.

Transaction Reversal

Debit the bank or credit union account(s) linked to your Account

Suspend your Account and require your immediate payment; or

Engage in collection efforts.

Reversals. Some examples of ways a payment you received may be reversed include: (a) the sender requests a reversal of the payment, (b) the sender’s bank or credit union requests a reversal of the payment or (c) The Company decides a Dispute against you (each a “Reversal”). You are liable to our Financial Institution Partners for the full amount of any payment that you receive that is subject to a Reversal and the Reversal Fee if applied.

Authorization to recover amounts due. You authorize The Company to recover any Reversal amounts due to our Financial Institution Partners by debiting your available Site balance. If you have an insufficient Site Payments balance, you authorize The Company and our Financial Institution Partners to take any of the following actions to recover the remaining amounts from you:

User Conduct and Restricted activities. You agree that in connection with your use of The Website Services and your interactions with The Company you will not:

Breach these Terms or any other applicable terms or policies of The Company, our Financial Institution Partners, or partner services that you have accepted;

Provide false or inaccurate information to The Company, including identity information;

Engage or attempt to engage in illegal or fraudulent activities;

Engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety (including synthetics, “potpourri not for human consumption”, and other similar items)

Engage in transactions involving illegal services, including but not limited to counterfeit services, illegal gambling, Ponzi and/or pyramid schemes, and money laundering;

Engage in transactions involving debt collection services;

Engage in transactions involving escort services;

Engage in transactions involving the purchase, sale, or exchange of Virtual Currency or provide a Virtual Currency marketplace or exchange;

Engage in transactions involving the purchase and/or sale of lottery tickets;

Provide white label ATM services;

Engage in the following activities without The Company’s prior written consent: transactions related to online gambling, or activities regulated by FinCEN, including money services business activities and payday lending;

Attempt to receive or actually receive duplicate compensation for a disputed payment from the recipient (such as a seller), The Company, and/or your bank or credit union; or

Engage in the activity that indicates, in the discretion of The Company or our Financial Institution Partners, that there may be a high level of risk associated with you, your Account, or any of your Account activity.

Disputes with other The Company users.

You are asking The Company to assist in resolving the dispute in its sole discretion and that such assistance or The Company’s decision may not be satisfactory to you;

The Company’s assistance in resolving the dispute does not guarantee any particular outcome nor any action on The Company’s part; and

You release The Company and our officers, directors, agents, employees, and suppliers from all claims, demands, and damages of any kind arising out of your dispute with a seller and The Company’s review of your Dispute.

Within 45 days of the original transaction, email or support as listed in the Contact Us section with the following information:

The Account numbers and names of both parties, if available;

The transaction ID number;

The amount of the transaction; and

The details of your disagreement with the recipient, including any steps already taken to resolve the issue and copies of supporting documentation (such as email correspondence, receipts, shipping confirmation, etc.).

Provide any additional information or documentation that we may request. Once The Company has decided the outcome of the Dispute, the parties will be notified of the decision. You are required to comply with the decision and complete any actions required by such a decision.

Dispute resolution.

You understand and agree that The Company is not responsible for the goods or services that you pay for using The Company Payments. Each seller that you purchase from is responsible for providing the goods and services that you purchase and for providing all customer service related to those goods and services. We recommend that you review a seller’s policies before completing your purchase. You are responsible for resolving any disputes that you may have with a seller. If you have exhausted all options for resolving a dispute with a seller, you may choose to file a dispute claim with The Company by emailing the contact information listed in the Contact Us section.

Your liability and actions we may take.

Suspending your access to your Account and/or The Company Services;

Suspending your access to your funds held in a Holding Account for up to 90 days; Taking action as set out in Section 6 (Transaction reversal) to recover amounts that you owe;

Closing your Account;

Contacting The Company users or third parties who have purchased goods or services from you, contacting your bank, and/or warning other The Company users, law enforcement, or other impacted third parties of your actions;

Refusing to provide The Company Services to you in the future; and

Taking legal action against you.

Your liability.

You are responsible for all Reversals, claims, fees, fines, penalties, and other liability incurred by The Company, our Financial Institution Partners, other Site users, or third parties arising from your breach of these Terms or your use of the Site Payments. You agree to reimburse The Company, our Financial Institution Partners, other Site users, or third parties for any and all such liability.

Actions we may take. If we determine, in our sole discretion, that you may have breached these Terms, that you or your Account activity present risk or security concerns, or if we are unable to verify your identity, we may take actions to protect The Company and our users, our Financial Institution Partners, or other third parties from Reversals, claims, fines, penalties, and any other liability.

Notice of limit or suspension. We will provide you with notice if we take any of the above actions against your Account. If we limit or suspend your Account, we will provide you with notice of our action.

Unauthorized transactions and Error resolution.

Your name and Account number,

The nature of the suspected Error and why you believe it is an Error, and

The dollar amount of the suspected Error.

Notify The Company of Account Errors. Contact The Company immediately if you think that: (a) your Account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your Account, or (d) your Account statement contains an error regarding your transaction history (each, an Error). If you give someone access to your Account and that person conducts transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 60 days after we provided the Account statement on which the suspected Error first appeared.

If you notify us by phone, we may require that you send us your inquiry by email within 10 business days.

Investigation by The Company. We will determine whether an Error occurred within 10 business days after you notify us and will correct any Error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to do this, we will credit your Account within 10 business days for the amount of the suspected Error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your Account. For Errors involving new Accounts, we may take up to 90 days to investigate and may take up to 20 business days to credit your Account.

Investigation results. The Company will tell you the results within 3 business days after completing our investigation. If we decide that there was no Error, we will provide you a written explanation. You may ask for copies of the documents that we used in our investigation. Termination.

By you. You may stop using the Site Payments at any time. You may also close your Account at any time, as long as you have no pending transactions or open Disputes.

By us. We may close your Account or terminate your access to The Website Payments without liability, for any reason, upon notice to you. Reasons for termination may include but are not limited to, your violation of these Terms or any other applicable terms or policies of The Company or our Financial Institution Partners, Account inactivity, or The Company’s assessment that you pose an unacceptable risk to the platform, based on our confidential risk and security criteria. The Company also reserves the right to modify or terminate the Site Payments at any time, for any reason.

Disputes with The Company.

Binding arbitration. You, The Company, and our Financial Institution Partners (the “Parties”) agree that upon the election of either of the Parties, any past, present, or future dispute relating in any way to your Account, or any other past, present, or future relationship or transaction between the Parties, will be resolved by binding arbitration as discussed below, and not through litigation in any court. Such disputes are called “Claims” for purposes of this agreement. This binding agreement to arbitrate applies regardless of whether the dispute is between you and us jointly or separately. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. The arbitration shall be conducted by a single neutral arbitrator acting under the administration of United States Arbitration and Mediation, and in accordance with the then-applicable United States Arbitration and Mediation Rules of Arbitration. Unless the Parties agree otherwise, or unless the arbitration administrator’s rules or law require otherwise, the arbitration shall be held in New York, NY.

The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all privileges recognized by law. The arbitrator will have the authority to award to a Party any damages or relief provided for under applicable law. The arbitrator’s decision shall be final and legally binding and may be enforced by any court having jurisdiction.

No class actions or similar process, and no joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both Parties. The arbitrator shall has no authority to entertain any Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator has authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a Claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. If you elect to proceed with respect to any Claim by an individual action in a small claims court, or its equivalent, instead of arbitration, we will not object, however, any such action shall be taken in small claims court in New York.

If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If you consider that you are unable to afford any fees or costs that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith.

Arbitration with respect to a Claim is binding and neither Party will have the right to litigate that Claim in a court. In arbitration, the Parties will not have the same rights that apply in courts, such as the right to a trial by judge or jury and the right to participate or be represented in proceedings brought by others such as class actions or similar proceedings. In addition, the right to discovery and the right to appeal may also be limited or eliminated in arbitration. All of these judicial rights are waived with respect to Claims that the Parties elect to arbitrate. General terms.

Indemnification. You agree to defend, indemnify and hold harmless The Company, our Financial Institution Partners, and our and their 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 The Company or our Financial Institution Partners; (b) your use of The Company Payments; 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.

Limitation of liability. IN NO EVENT SHALL THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THESE TERMS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE COMPANY PAYMENTS, OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE SITE PAYMENTS, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR EACH OF OUR FINANCIAL INSTITUTION PARTNERS’ LIABILITY AND THE LIABILITY OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS EXCEED THE FEES THE COMPANY HAS RECEIVED FROM YOU THROUGH YOUR USE OF THE COMPANY SERVICES. THE COMPANY AND OUR FINANCIAL INSTITUTION PARTNERS SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

No warranty. THE COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE THE COMPANY SERVICES IS AT YOUR OWN RISK. THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER The Company NOR OUR FINANCIAL INSTITUTION PARTNERS HAVE CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE COMPANY SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS REPRESENT OR WARRANT THAT THE SITE Payments WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE Payments WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER THE COMPANY NOR OUR FINANCIAL INSTITUTION PARTNERS SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF SITE SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Force majeure. You understand and agree we will not be held responsible for any losses or damages resulting from the suspension of service due to extraordinary events or circumstances beyond our control. In such an event, The Company may suspend The Company Services and access to your Account and our Financial Institution Partners may suspend service and access to funds in a Holding Account.

Assignment. You may not transfer or assign any rights or obligations you have under these Terms. The Company and our Financial Institution Partners reserve the right to transfer or assign any rights or obligations under these Terms at any time.

Applicable law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, govern these Terms and any claim or dispute that has arisen or may arise between you and The Company and/or our Financial Institution Partners.

Complete agreement, no waiver, and survival. These Terms, along with any applicable terms and policies of The Company or our Financial Institution Partners that you have agreed to, set forth the entire understanding between you, The Company, and our Financial Institution Partners with respect to The Company Payments. Any failure of The Company or our Financial Institution Partners to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms held to be invalid or unenforceable under applicable law shall be struck, and the remaining provisions will continue in full force and effect. Sections 1 (Using The Website), 2 (Consent to receive electronic Communications), 6 (Transaction reversal), 8 (White Label Accounts), 10 (Disputes with other Site users), 11 (Your liability and actions The Company and the Financial Institution Partner may take), 14 (Disputes with The Company), and 15 (General terms), as well as any other terms which by their nature should survive, will survive the termination of these Terms.