1.         ACCEPTANCE OF TERMS AND AUTHORIZATION. Certegy Payment Solutions, LLC (“Certegy”) provides the Certegy services to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing and using the Certegy CashLine program (the “Program”), you accept and agree to be bound by the terms and provisions of this TOS. In addition, when using Certegy owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.

THIS TOS REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR BELOW.

BY ENROLLING IN THE PROGRAM, YOU HEREBY AUTHORIZE CERTEGY TO OBTAIN INFORMATION FROM YOUR CONSUMER REPORT FROM TIME TO TIME.

You also understand and agree that Certegy will use the information you provide, along with information from your consumer report, to determine your qualifications for check cashing privileges and establish a check cashing limit under the Program. Once established, Certegy will perform periodic reviews of your check cashing history and consumer report to evaluate your CashLine limit. You hereby authorize these procedures and understand that a review of your account may result in an increase, decrease, or revocation of your CashLine limit without notice. This authorization may be revoked by you at any time with written notice to Certegy and will become effective within seven (7) business days after receipt of the written notice.

 

2.         SERVICE DESCRIPTION AND AUTHORIZATION. Certegy assists gaming establishments with check cashing risk management. Certegy never holds, transmits, receives, or impounds any funds. Upon enrollment in the Program, you will have access to a personal six (6) calendar day revolving check cashing limit (the “CashLine limit”) tied directly to your checking account through Certegy’s partner gaming establishments. If you select to defer a payment from your checking account for a period of time (“Delayed Settlement”) in connection with a transaction, Certegy will not process such payment until the end of the applicable Delayed Settlement period. In addition to such Delayed Settlement period Certegy may, in its sole discretion, wait up to another ten (10) days before making the amount in connection with such transaction available in your revolving limit. After your initial enrollment, you will no longer need to present a check to access funds from your checking account. Simply present your government-issued driver’s license or identification card to the cashier and the requested amount will be deducted from your CashLine limit. You understand that if you are approved for a specified dollar amount with the Program, that amount represents a revolving check cashing limit that will be authorized at all gaming establishments that participate in the Certegy network. Each approved request for cash presented within the revolving period will be deducted from the CashLine limit. After the six (6) day period, or longer if you have selected a Delayed Settlement option, those approved items will be removed, and the amount will be included in the available check cashing balance, so long as your account is in good standing. You understand that you are not entitled to a replenishment of your revolving limit in connection with any transaction which does not clear your bank account. Certegy is not a check casher and the Program does not mean you have been granted a line of credit; you understand that each individual transaction must be authorized. In addition, you authorize Certegy to obtain information from your consumer report from time to time. Certegy will use this information for qualification in the Program. Certegy reserves the right to deny any transaction if all approval criteria are not met or for any other reason in Certegy’s sole discretion. Certegy will perform periodic reviews of your check cashing history and consumer report to evaluate your CashLine limit. You hereby authorize these procedures and understand that a review of your account may result in an increase, decrease, or revocation of your check cashing privileges at gaming establishments that participate in the Certegy network.

 

3.         YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Program, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Program under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Program registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Certegy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Certegy has the right to suspend or terminate your account, with or without prior notice, and refuse any and all current or future use of the Program (or any portion thereof). Certegy is concerned about the safety and privacy of all its users. When you create an account, you certify that you are at least 18 years old.

 

4.         CERTEGY PRIVACY POLICY. Registration Data and certain other information about you are subject to our privacy policy, which is available at http://www.certegy.com/privacy-policy/. You understand that through your use of the Program you consent to the collection and use of this information as set forth in the Privacy Policy.

 

5.      MODIFICATIONS TO THE PROGRAM. Certegy reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Program (or any part thereof) with or without notice. You agree that Certegy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Program (or any part thereof).

 

6.         ACH AUTHORIZATION. You authorize the gaming establishment to initiate debit and credit entries to the checking account at the depository financial institution for which you have provided information. Please be advised that if you do not choose a Delayed Settlement option, the debit for a transaction may post at your financial institution within the first 24 hours after you initiate such transaction. You further authorize all transactions at any gaming establishments participating in the Certegy network to be debited from the same checking account, and such future debits will take place only when initiated by you and a receipt will be provided by the participating Certegy client for each debit you initiate for the account. Your authorization will remain in effect until Certegy has received written notification by you of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by your financial institution are subject to a service charge which also may be debited electronically from your account or collected using a bank draft drawn from your account in addition to any fees that your financial institution may charge you. You further acknowledge and agree that any amounts in connection with such returned checks or debits may be deducted or withheld from funds made available to you by the applicable gaming establishment or provider.

 

7.       TERMINATION. You may terminate your participation in the Program by submitting such termination request to Certegy. Our contact information is: Certegy Payment Solutions, LLC, PO Box 7189, Clearwater, FL 33758. You agree that Certegy may, with or without prior notice, immediately terminate, limit your access to or suspend access to the Program. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS, Authorization, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Program (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Program. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Certegy’s sole discretion and that Certegy shall not be liable to you or any third party for any termination of your account or access to the Program. Termination of the Program includes any or all of the following: (a) removal of access to all or part of the offerings within the Program, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Program.

 

8.         LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CERTEGY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT CERTEGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PROGRAM; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (e) ANY OTHER MATTER RELATING TO THE PROGRAM.

 

9.         NOTICE. Certegy may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Program, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Program in an unauthorized manner. You further expressly authorize Certegy and its affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses. Your agreement to this TOS constitutes your agreement that you are deemed to have received all notices that would have been delivered had you accessed the Program in an authorized manner.

 

10.         ARBITRATION:.

YOU AND CERTEGY AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:

 

1. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE TOS, THE AUTHORIZATION, OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM CERTEGY, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR A NEUTRAL. Arbitration will apply not only to claims against Certegy, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, authorized vendors, successors or assigns of Certegy. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) and not any state law applies to this arbitration agreement. Usually, the AAA will manage the arbitration under its rules. But if the AAA cannot do this and the parties cannot agree on another company, a court will pick the manager (if any). Also, a Neutral may conduct some arbitrations (“Group Arbitrations”) of common issues of law or fact (“Common Issues”) without a manager. See below. In addition, a party can bring an individual action in small claims court. Any appeal of a small claims court decision will be by arbitration under this clause.

 

2. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants in court or in arbitration with respect to any claim. Notwithstanding any other provision of this clause, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this clause. If you bring a claim for public injunctive relief and a court rules that the restrictions in this clause prohibiting the arbitrator or Neutral from awarding relief on behalf of third parties are invalid with respect to such claim (and the ruling becomes final after all appeals), the claim for public injunctive relief will be decided in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties agree to request the court to stay the claim for public injunctive relief until a court has entered an arbitration award as to individual relief.

 

3. Before starting a lawsuit or arbitration, the claimant must give the respondent written notice of the claim (a “Claim Notice”). The Claim Notice must explain in reasonable detail the nature of the claim, any supporting facts and the requested relief. If you are the claimant, you must send the Claim Notice in writing (and not by email) to us at 17757 US Highway 19 North, Suite 375, Clearwater, FL 33764. You or a lawyer you have personally hired must sign the Claim Notice and must provide your full name and a phone number for you or your lawyer. If we are the claimant, we may send a Claim Notice to you at any mail or email address we have for you in our records. A collections letter from us to you will serve as a Claim Notice. The claimant must give the respondent a reasonable chance for at least 30 days to settle the claim on an individual basis. If the respondent gives notice that the claimant has not provided a Claim Notice and the claimant does not dispute such notice, neither the AAA nor any court may proceed.

 

4. If you initiate an arbitration, you will be required to pay the arbitrator’s or Neutral’s fees up to $250. Except for Group Arbitrations, Certegy will pay other any filing fee, administration, service or case management fee, and arbitrator fee that the arbitrator charges you for arbitration of the dispute; provided, however, that the arbitrator may award costs and expenses to any party, if allowed by law.

 

5. If for some reason the prohibition on class, collective, representative, or private attorney general arbitrations set forth above cannot be enforced, then the agreement to arbitrate will not apply.

 

6. Group Arbitration.

(a) Any group of 25-100 claimants who have given Claim Notices that involve Common Issues and are not already participating in individual arbitrations under this clause may form a “Qualifying Group” to participate jointly in a Group Arbitration. Also, we may form a Qualifying Group of 25-100 such claimants. (We and the Qualifying Group are the “Parties” to the Group Arbitration.) No claimant may participate in an arbitration of the same Common Issue in more than one Qualifying Group. The AAA may not decide any class claims or claims for public injunctions in a Group Arbitration.

(b) To form a Qualifying Group and start a Group Arbitration, either Party may give written notice to the other Party (a “Group Arbitration Notice”). A majority of the Qualifying Group (a “Group Majority”) or a Qualifying Group representative appointed by a Group Majority (a “Group Agent”) will act for the Qualifying Group. If a new claimant asserts a claim that involves a Common Issue in an existing Group Arbitration, either Party may require the new claimant to join in the existing Group Arbitration if joinder will not make the Qualifying Group too large.

(c) Different Qualifying Groups may bring separate Group Arbitrations to decide the same or different Common Issues (for example, if there are more than 100 claimants with the same Common Issues). A different AAA arbitrator must conduct each Group Arbitration. No single AAA arbitrator may hear more than one Group Arbitration of the same Common Issues. The AAA will resolve all Common Issues for each Qualifying Group by Group Arbitration under this clause.

(d) In a Group Arbitration, we will share with the Qualified Group fees and charges of the Neutral or any manager (if any). The arbitration manager or Neutral will decide how we share. But, we will bear at least half such costs and the manager or Neutral may require us to pay all such costs. The Qualifying Group will never bear fees and charges that would render this Clause invalid or conflict with the law.

(e) If either Party gives timely written notice to the other that such Party does not want the AAA to manage a Group Arbitration, the Parties must try to agree on a Neutral to conduct the Group Arbitration. If the Parties cannot agree within 30 days, either Party may ask a court to appoint the Neutral. The court must weigh the qualifications of the Neutral and the fees charged by the Neutral. It should try to find a qualified Neutral who charges no more than the Neutral charges in AAA consumer arbitrations. Once the Neutral has been selected and retained, such Neutral will commence and conduct the Group Arbitration in accordance with this clause and such additional procedures as such Neutral shall adopt, giving due regard to the rules of the leading nationwide arbitration managers that would apply in an arbitration managed by them.

Updated 3.20.24