Checking Pay, POWERED BY SPIRE, USER TERMS AND CONDITIONS
Version 1.03 Effective Dec 4, 2024
YOUR ACCESS OF Checking Pay, POWERED BY SPIRE, SERVICES AND YOUR AGREEMENT BELOW MEANS YOU HAVE ACCEPTED ALL TERMS AND CONDITIONS. IF, AT ANY TIME, YOU NO LONGER AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CALL SPIRE CUSTOMER SERVICE AT (888)823-2438 TO CLOSE YOUR Checking Pay ACCESS. FOR AS LONG AS YOUR ACCESS IS ACTIVE, YOU WILL BE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS.
THIS AGREEMENT CAN BE ACCEPTED ONLY BY AN ADULT 18 YEARS OR OLDER. BY USING THIS APPLICATION, OR BY ESTABLISHING Checking Pay ACCESS, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH SPIRE. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE APPLICATION. IF YOU ESTABLISH Checking Pay ACCESS AND YOU DO NOT MEET THE AGE REQUIREMENT, WE ARE NOT LIABLE FOR ANY OF YOUR SUBSEQUENT PURCHASES OR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TRANSACTIONS.
Through Checking Pay, Pay With Spire, Inc., (“Spire”, “we” or “us”), provides access to services (collectively, the “Services”) that allow you to use Checking Pay as a method of payment (“Payment”) at any retail locations operating under the Chevron® or Texaco® brands (collectively, “Branded Locations”). In this Terms of Service, “Customer”, “user” or “you” means any person using the Service.
This agreement (“Agreement”) sets forth the terms and conditions that apply to the use of this website and/or mobile application on which Spire provides the Service to you. READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, you may not use Checking Pay. Void where prohibited. Neither Apple, Inc. (App Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the Services or any contents.
1. Acceptance Of Terms.
By using this website or application (other than to read this agreement for the first time), by indicating acceptance of this agreement, by using Checking Pay, by signing up for Checking Pay, or otherwise using the services, you are entering into this agreement with Spire and agree to comply with these terms and conditions and our privacy policy, available at https://www.paywithspire.com/privacy/ . Any rights not expressly granted herein are reserved by Pay With Spire Inc.
2. Consent to Electronic Disclosures and Notices; Paper Copies.
As part of your relationship with Spire, we want to ensure you have the information you need to effectively manage your Checking Pay access. We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. We may, however, provide some of this information to you electronically, instead, with your prior consent. By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Electronic Communications”) that Spire and Chevron we provide in connection with Checking Pay. Electronic Communications include, but are not limited to: (a) agreements and policies you agree to (e.g., this User Terms and Conditions and the applicable Privacy Policies), including updates to these agreements or policies; (b) any periodic disclosures; (c) transaction summaries, confirmations or other information; (d) Checking Pay Access history; (e) customer service communications (such as claims of error communications); and (f) promotions, offers, or coupons. We may provide these Electronic Communications to you by emailing them to you at the primary email address listed in your Checking Pay Access, or by making them accessible in the Checking Pay app or applicable website. Communications will be provided online and viewable using in-app display features, browser software or .pdf files. In such cases, you will be able to print the Electronic Communication and/or have it emailed to you.
Electronic communications will be deemed received by you within 24 hours of the time such communication is posted or sent to you. You agree that if we send 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, we will be deemed to have provided the Electronic Communication to you. You may not be able to transact using Checking Pay until we receive a valid, working primary email address from you. You may print or save a copy of these Electronic Communications for your records as they may not be accessible online later.
You are responsible for maintaining all software and hardware necessary for receiving, viewing and maintaining record of the Electronic Communications. By your acceptance of this Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to saving and/or printing) any Electronic Communications provided to you. You must have: (a) a valid email address on file with us; (b) a computer, mobile device, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Electronic Communications received from us; (c) a current version an internet browser that Checking Pay supports; (d) an internet connection; and (e) sufficient storage space to save Electronic Communications (whether presented online, in emails or .pdf) or the ability to print Electronic Communications. We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from us.
One copy of any Electronic Communication may be provided to you without charge by contacting Spire within 90 days of the original date of the communication. You may also request paper copies of any electronic communication within 90 days of the communication by contacting Spire at (888)823-2438 or CheckingPay@paywithspire.com, but we reserve the right to assess a reasonable fee for providing such paper copies after 90 days.
You may withdraw your consent to receive Electronic Communications by contacting us at (888)823-2438 or CheckingPay@paywithspire.com. If you fail to provide or if you withdraw your consent to receive Electronic Communications, Spire reserves the right to either deny your application for Checking Pay access, or restrict or close your Checking Pay access.
3. Description of the Service. Upon completion of the Enrollment Application ("Application") and acceptance by Spire, you will become eligible to use Checking Pay, powered by Spire. Your Checking Pay access is not a bank account. Spire is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury. The Services allow merchants, from whom you buy goods or services, to directly debit your bank account as payment for goods and services.
4. Enrollment Requirements.
To use Checking Pay or engage in any of the other Spire Services, you must enroll with us, in addition to any enrollment you may do with Chevron. If you register as a Customer or otherwise use Checking Pay, you represent and warrant to Spire that: (i) you are 18 or older; (ii) you have provided a valid and functional email address which is owned and operated by you (pseudo, relay, or hidden email addresses may not be used); (iii) your enrollment and use of the Service is not prohibited by law; (iv) the account with your mobile service provider for the mobile device on which you are using Checking Pay is current and in good standing; (v) you will not use Checking Pay outside of the United States or Puerto Rico, for international transfers, or for any transaction requiring payment in foreign currency; and (vi) you have provided true, accurate, current and complete information about yourself as prompted by the Application (such information being the "Enrollment Data") and maintain and promptly update such information to keep it true, accurate, current and complete. For your convenience, some of this data may be pre-populated by Chevron, but you must review and correct it if/as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Spire has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Spire has the right to suspend or terminate your enrollment, or your access to the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state and local laws, rules and regulations. You will maintain the security of your access, take responsibility for all activities that occur using your access, and accept all risks of unauthorized access resulting from your acts or omissions. You shall not share your phone, password, PIN or any of your credentials used for Spire Services nor use the Service through using the enrollment of any third party. You should not allow anyone else to access, use or borrow your Checking Pay access. Your enrollment, and this Agreement, is personal to you, and is not transferrable by you to any third party without the prior written consent of Spire.
You further represent that you will create and/or use only one checking account and are thereby entitled to the benefits of only one Checking Pay access when using the Spire Payment or Service(s). This checking account must be a consumer account and must be able to accept ACH debits and credits from your financial institution. Any creation of additional Checking Pay access device(s) shall be considered a violation of this Agreement. By registering for Spire, you hereby agree to all fees and penalties that may be applied to your Checking Pay usage in the event Spire deems your use of the Checking Pay as a violation of this Agreement, or in any way against the intended purpose or interest of the Services, as well as immediate termination of your Checking Pay Access(s). You understand and agree that Spire may choose to employ a collection agency or other business in an effort to collect any outstanding debts or fees associated with your usage, and you will not contest the use of a third party to collect the fees owed to Spire.
You agree that you will be responsible for any legal, court, or collection agency fees associated with rectifying your Checking Pay usage and all monies owed thereunder. You agree that Spire, or any agency or business employed by Spire, has the right to contact you via telephone, email or in-person using the information you provided upon enrollment or during any contact with Spire, in an effort to collect any monies and fees owed as a result of your access, whether specifically referenced in this Section or not, and such contact may be made in a manual or automated fashion.
4.1 Compatible Mobile Device Operating System; Mobile Devices Generally. In order to use Checking Pay at a point of sale terminal, you must have a compatible mobile device operating system that meets the specifications established by Spire in its sole discretion. Compatible mobile device operating systems may be established by Spire from time to time, but as of the effective date of this Agreement, compatible mobile device operating systems include Apple iOS and Android operating systems. A mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with Checking Pay for purposes of this Agreement. The use of any modified mobile device with Checking Pay is a violation of this Agreement and is grounds for the immediate termination of your Checking Pay access by Spire without notice to you, in Spire’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g. AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace for Checking Pay (e.g. Apple, Inc., or Google, Inc. (Android)), and this Agreement does not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of Checking Pay (e.g. data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Spire, Apple, Inc., Google, Inc. (Android), or any other operator of an app store or marketplace. You must comply with applicable third party terms when using Checking Pay (e.g. you cannot be in violation of your wireless provider agreement when using Checking Pay.)
5. Enrollee Authorizations. When enrolling in Checking Pay, you are authorizing Spire, authorized vendors, and designees to verify your identity, verify your bank account, verify your equipment, and confirm you are the owner of the bank account that you would like to use. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, mobile number, or financial accounts, and verifying your information against third party databases or through other sources. This process is for identity verification purposes.
There are two ways of verifying your bank information: Instant Account Verification which uses methods such as entering your banking credentials from participating banks or, alternatively, Spire can apply one or more challenge deposit/withdrawal transactions to a checking account you specify and subsequently ask you to verify those transaction amounts. Where applicable, when enrolling using one of the Instant Account Verification options:
(i) You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, ACH or credit card information, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, to Spire to allow verification of your identity, to compare information you have provided to Spire with your wireless operator account profile information, and to autofill this form with your mobile operator account profile and payment information, for the duration of the business relationship. You further authorize Spire to request your mobile carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless carrier) to use your mobile subscriber details for verifying your identity and to autofill this form. Those details may include name, billing address, email, phone number, mobile device identifiers (IMSI and IMEI) and other subscriber status details. Spire will store your information throughout the tenure of our business relationship. See our Privacy Policy for how we treat your data.
(ii) You also hereby grant Spire or its authorized vendor(s) a limited power of attorney, and you hereby appoint Spire and its authorized vendor(s) as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SPIRE OR ITS AUTHORIZED VENDOR(S) ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, SPIRE AND/OR ITS AUTHORIZED VENDOR(S) ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF Chevron OR ANY THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
(iii) You understand and agree that the methods by which Spire will verify you and your information through Instant Account Verification are not endorsed or sponsored by any third party account providers used in the process. You understand that if you have arranged for additional security controls, such as two-factor authentication with a third party account provider, the third party account provider may not require Spire to apply such security controls to use Checking Pay. You are licensing to Spire or its authorized vendor(s) any information, data, passwords, materials or other content (collectively, “Content”) you provide or that is obtained on your behalf through or to the verification process. Spire or its authorized vendor(s) may use, modify, display, distribute and create new material using such Content during the verification process or in providing Checking Pay. By submitting Content, you automatically agree, without any time limit, and without the payment of any fees, Spire or its authorized vendor(s) may use the Content during the verification and enrollment process, and use and store the information in order to provide Checking Pay to you. As between Spire or its authorized vendor(s), Spire owns your confidential account information. You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the verification or enrollment process.
Additionally, Spire may share data with third parties to verify your identity and authenticate information presented during enrollment. This may include sharing data to prevent actual or potential fraud or fraudulent activity. You are also expressly authorizing Spire or Spire's authorized vendor(s) the right, power and authority to (acting on your behalf) store, access and transmit your personal and financial information (such as from your bank) as reasonably necessary for Spire to provide Checking Pay to you. You also are authorizing Spire or Spire's authorized vendor(s) to access information from third parties to prevent fraud or fraudulent activity. See Spire’s Privacy Policy for how Spire treats your data.
By agreeing to this Agreement, you are authorizing Spire, its merchants, third party payment processors or other authorized vendors, and designees, to initiate Automated Clearing House (ACH) debit and credit entries to your account at the depository institution designated in the Application and to debit or credit such account on behalf of Chevron, for the verification of your checking account, or to collect any debts or fees owed under this Agreement. You can only use this service to pay for goods and services purchased at authorized merchants.
You understand that ACH transactions may take several days to post to your bank account. When you conduct this type of transaction, you are responsible for ensuring that the funds are available at the time the transaction is conducted and processed (posts) to your account. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You also authorize Spire and its authorized vendors and designees to provide transaction history information to Chevron.
If you enroll in Checking Pay, you represent and warrant that you have authority to make withdrawals from and otherwise authorize debits and credits to the checking account designated in the Application. In the event that your bank does not allow electronic transactions, you authorize us or our authorized vendor(s) or designee(s) to convert the electronic transaction data to a paper draft for presentment to your bank. If any payment is returned for any reason (including NSF, Account Closed/Frozen, stop payment, account not found, etc.), you agree to pay Spire or its designee the amount of any ACH which is returned, plus the amount of the returned ACH fee and sales tax, as applicable per state law, along with any other applicable fees. Returned ACHs may be electronically re-presented to your bank for collection by Spire or its designee and will be debited by ACH from your account, without further notice, which procedures you authorize. You also agree to pay Spire or its designee a service charge for each ACH returned for any reason, equal to an amount up to the maximum fee under applicable state law or, if there is no maximum established by applicable state law, $35, which amount you agree is a reasonable minimum service charge. You also authorize the automatic debiting of such service charges and fees by ACH from your account. This fee is separate from any fees that your bank may impose for such returns.
We may share data with third parties to verify your identity and the validity of the data presented during enrollment. By accepting this Agreement, you are authorizing us or our authorized vendor(s) to access information from third parties to verify your identity, to prevent fraud, and to authenticate information used to subscribe to Checking Pay in accordance with our Privacy Policy.
6. Plastic Access Devices (where applicable). If offered by Chevron and upon your request, Spire hereby agrees to provide you with a plastic access device for the Services as outlined in this Agreement and in accordance with the terms outlined herein. The plastic access device shall remain the property of Spire and is issued solely for your use as the authorized user named herein. Spire reserves the right to deactivate or suspend the plastic access device at any time and for any reason deemed necessary by Spire, without liability. You acknowledge receipt of the plastic access device and agree to use it solely for its intended purpose and in accordance with the terms and conditions set forth in this agreement. You further agree not to transfer, assign, or otherwise dispose of the plastic access device to any third party without prior written consent from Spire.
7. Our Privacy Policy. This Agreement and your submission of data through enrollment, and use of Checking Pay are governed by our Privacy Policy (the terms of which are incorporated herein). In certain circumstances, we may be collecting and securely storing some of your personally identifying information, including your location and Geographic Information Systems (“GIS”) data. Please review the Privacy Policy to learn more about how we hold or may use your personal information. We urge you to read this policy now and revisit it later at your convenience, because the policy is updated from time to time. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, these Terms govern.
8. License to Use the Service. Spire grants you a personal, limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use Checking Pay in accordance with this Agreement (the “License”). This License includes use of Spire’s Services through Checking Pay app, and any software, programs, documentation, tools, internet-based or mobile-based services, components, and any updates, including, but not limited to, software maintenance, service information, help content, bug fixes and maintenance releases provided by Spire. Checking Pay is subject to the intellectual property rights of Third Party Service providers and their respective licensors, existing under any foreign, state or local laws or regulations, now or hereinafter in force and effect, and in any jurisdiction worldwide, including, without limitation, patent law, industrial rights law, copyright law, moral rights law, trade secret law, trademark law (together with all of the goodwill associated therewith), unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights whether under statutory or common law (or otherwise), and any and all national, foreign, and state registrations, applications, renewals, extensions and restrictions of any of the foregoing (collectively, the “Spire Property”). You may not remove any copyright, trademark or other proprietary notices that have been placed on the Spire Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Spire Property, or any portion of the Spire Property, is strictly prohibited without the prior written permission of Spire.
You agree, and represent and warrant, that your use of Checking Pay and the Spire Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to Checking Pay, the Spire Property or your use of them, and that in using Checking Pay you will not engage in any conduct that restricts or inhibits any other person from using or enjoying Checking Pay. You further agree that you will not, and will not permit any third party to, do or attempt to do any of the following: (a) access or monitor any material or information in Checking Pay using any manual process or robot, spider, scraper or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan or distribute any material or information provided to you by Spire; (c) use Checking Pay in any manner that would interfere with the rights of any third party; (d) take any action that could compromise the security of Checking Pay; (e) violate the restrictions in any robot exclusion headers in any aspect of Checking Pay, work around, bypass, or circumvent any of the technical limitations of Checking Pay, use any tool to enable disabled features or functionalities of Checking Pay, or decompile, disassemble, reverse engineer or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of Checking Pay; (f) transfer any rights granted to you under this Agreement; (g) perform or attempt to perform any actions that would interfere with the proper working of Checking Pay, prevent access to or use of Checking Pay by other users, or impose an unreasonable or disproportionately large load on Spire’s infrastructure, including but not limited to excessively high volume data transfers or bandwidth use; or (h) otherwise use Checking Pay except as permitted by this Agreement.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access Checking Pay, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of Checking Pay. You agree that you will download and install any updates for Checking Pay as they become available. If you do not, you recognize that Checking Pay may be unavailable until you download and install such updates.
If applicable, you shall be solely responsible for the safekeeping and proper use of the plastic access device. Any unauthorized use or disclosure shall be your sole responsibility.
8.1 Unacceptable Use of Checking Pay. You agree not to use Checking Pay to: (i) distribute e-mail, instant messages, text messages or other communications in an illegal manner including but not limited to creating or sending hoax e-mail or chain e-mail, sending unsolicited commercial e-mail or bulk e-mail (aka spam or spamming), harvesting e-mail addresses, using open proxies or relays to allow spamming, impersonating someone else (aka spoofing) or falsifying message header information; (ii) gain unauthorized access to computer systems or engage in security attacks of any kind, including but not limited to security attacks against trust (such as e-mail spoofing, password cracking, IP spoofing and DNS poisoning), against confidentiality and integrity (by using malware such as computer viruses, worms, Trojan horses, rootkits, keyloggers, spyware or other malicious programs and code), or against availability (such as denial of service and e-mail bombs); (iii) corrupt, modify or intercept electronic communications intended for any other person or entity; (iv) interfere with or disrupt the operation of Checking Pay; (v) conduct or engage in any illegal business or activity, infringe any third party intellectual property rights, collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy, or create, distribute, process or view any defamatory, obscene, indecent, pornographic, racist, sexist or otherwise discriminatory, misleading, deceptive, fraudulent or otherwise objectionable, offensive or illegal material; or (vi) use Checking Pay for eligibility determinations regarding consumers for credit, insurance, employment, or any other “permissible purpose” as defined in Section 604 of the Fair Credit Reporting Act (“FCRA”).
9. Proprietary Rights. Much of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on Checking Pay mobile application (collectively, the “Site Content”), and software embodied in the mobile application or otherwise used by Spire to deliver the Service (“Software”), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The mark “Spire” and the Spire logo are trademarks of Spire, and they may not be used in connection with any service or products other than those provided by Spire, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spire. The Service also features the trademarks, service marks, and logos of merchants and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
10. Service
(a) Through Checking Pay, Spire can be used as a method of payment for goods or services offered by Chevron locations, and/or for access to coupons, discount program(s), and/or or marketing communications. You must have enrolled with us to engage Checking Pay and/or available promotions. When you engage in Checking Pay or Promotions, you are bound by this Agreement and any other program-specific Terms.
(b) Transaction types and limitations
i. Access. You may only use Checking Pay to pay for purchases at approved merchants.
ii. Limitations on dollar amounts and frequency of Payments — For security reasons, limits may be placed on the dollar amounts of individual transactions allowed on your Checking Pay account, the frequency of those transactions and/or on the cumulative dollar amounts of all transactions over a rolling day basis allowed on your Checking Pay account. These limitations may change from time to time in our sole discretion. The restrictions may exist even if you have funds in your checking account at the time you are attempting to use Checking Pay.
(c) Any coupon or discount program is specific to the issuer and/or merchant, and (unless otherwise noted therein) any corresponding Promotions (defined hereinafter) may not be used for goods and services from any other issuer and/or merchant. The issuer is solely responsible for all aspects of the coupons and/or discount program, honoring the coupons and/or discount program’s rewards and/or incentives (individually or collectively “Promotions”), any liabilities, injuries, losses or damages you may suffer in connection with the use of the coupons or discount program, and any unclaimed property liability arising from unredeemed Promotions, or any portion thereof. You acknowledge that Spire is not responsible for redeeming Promotions, or for any matter relating to the coupons or discount program or the Service in general.
(d) The Service is subject to the following conditions:
i. Any fraudulent use of Checking Pay or promotions in violation of this Agreement or any other applicable terms renders the payment void. The Spire Payment and Promotion are void to the extent prohibited by law.
ii. Unless expressly allowed by the merchant, Promotions cannot be combined with any other offers, certificates or promotions.
iii. Promotions may only be applied to goods or services sold by the merchant, and may not be applied to delivery, processing or handling fees. The Promotion may not be applied to gratuities, tax, or (unless expressly permitted by the merchant) gift cards, money orders or lottery tickets, or alcoholic beverages.
iv. iv. Other than as provided below, the Promotion is only available only until the expiration date specified within the Service, or within the Promotion itself, or until issuer and/or merchant cancels the Promotion. However, some laws may require that Promotions have certain validity periods or require that Promotions not expire. If those laws apply, Spire will honor your legal entitlement to, as applicable, a credit for goods or services from the merchant beyond the expiration date. If such laws apply, you should contact Spire and request a credit or refund by emailing us at CheckingPay@paywithspire.com.
v. If the merchant permits use of Promotions for alcoholic beverages, some state laws may limit the redemption of Promotions for alcoholic beverages. The Promotions are valid only to the extent redemption is permitted by law. In addition, you acknowledge that Spire and merchants may offer some Promotions only to customers in certain age brackets, and you will not use any Promotion if you are not a member of the appropriate age bracket. The issuer and/or merchant is responsible for compliance with applicable laws with respect to the Spire Payment and issuance and redemption of the Promotion.
11. Third Party Websites. The mobile application may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Spire. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
12. Ideas Submitted to Us.
We are pleased to hear from you and welcome your comments about Checking Pay. If you submit ideas or suggestions for Checking Pay, the comments will be deemed, and will remain, our sole property. None of the comments will be subject to any obligation of confidence on the part of Spire, and Spire will not be liable for any use or disclosure of any comments. Without limiting the foregoing, we will be entitled to unrestricted use and other exploitation of the comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the comments.
12.1 TCPA Disclosure/User Permission for Text Messaging/Alerts, Push Notifications and E-Mail. You grant Spire or those third party service providers acting on Spire’s behalf, express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from Spire at any mobile telephone number you provide to Spire, regardless of your enrollment of your mobile device number on any state or federal “do not call” registry. Your express, written permission applies to messages and alerts regarding Checking Pay and any additional Services that Spire provides. By providing your email address to Spire, you agree that Spire, or those Third Party Services providers acting on Spire’s behalf, may e-mail you Checking Pay enrollment information, electronic transaction summaries and related information, and Checking Pay use information with regard to Checking Pay, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing Checking Pay to you regardless of your registration of your email address on any state or federal “do not email” registry. With regard to any text messages, alerts or email relating to Checking Pay, Spire will not include any full account numbers, access codes or similar non-public personal information in such message.
13. Our Liability for Failure to Complete Transactions. If we delay or do not complete a transfer from your account in the correct amount according with our agreement with you, our liability shall be limited to your direct damages. However, there are some exceptions. To the extent allowed by law, we, Chevron and the merchants, will not be liable for indirect damages, consequential damages (including lost profits), extraordinary damages, special or punitive damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility of such damages. We, and the merchants, will not be liable, for instance:
(a) If, through no fault of ours, you do not have enough money in your account to make the transfer;
(b) If a merchant refuses to accept your Checking Pay access;
(c) If an electronic terminal where you are making a transaction does not operate properly;
(d) If your Checking Pay access has been blocked, such as when you have unpaid transactions under this Agreement, transaction limitations are in place, or after you reported your phone, other access device or credentials are lost or stolen;
(e) If there is a hold or your access is restricted because of a legal process or other encumbrance restricting its use;
(f) If we have reason to believe the requested transaction is unauthorized;
(g) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
Except for any other remedy described herein, your sole and exclusive remedy, and Spire’s and Chevron’ sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at Spire’s option) to remedy the failure or to give a credit to you of the amount owed.
14. Warranty, Limitation. Spire does not warrant that Checking Pay or Spire Property will operate error-free or without downtime. We may pause or interrupt Checking Pay at any time, and users should expect periodic downtime for updates to Checking Pay. Because we do not control the security of the Internet, or other networks you use, Spire is not responsible for the security of information that you choose to communicate with Spire or the merchant while it is being transmitted. Additionally, Spire is not responsible for any data lost during transmission. You will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of your respective computer system or third party communications provider on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems. Where applicable, Spire’s liability for any damages arising from the issuance, use, or non-use of the plastic access device shall be limited to the extent permitted by law, and in no event shall exceed the value of the device at the time of issuance.
Checking Pay, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THOUGH Checking Pay, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. WE DO NOT AND CANNOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Spire AND ITS AFFILIATES, MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION), INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THOUGH Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPIRE, ITS AFFILIATES AND SUPPLIERS, DO NOT WARRANT THAT ANY CONTENT OF Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) IS ACCURATE, RELIABLE OR CORRECT; THAT Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL BE UNINTERRUPTED OR ERROR FREE; THAT Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPIRE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS INITIATED BY YOU THROUGH Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION). IF YOU ARE DISSATISFIED WITH Checking Pay, ANY CONTENT THEREON OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF Checking Pay. SPIRE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH Checking Pay (INCLUDING INSTANT ACCOUNT VERIFICATION). No advice or information, whether oral or written, obtained by you from Spire or through Checking Pay will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SPIRE, Chevron, OR ANY MERCHANT OR ANY OF OUR VENDORS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO Checking Pay, SPIRE PROPERTY, ANY INCENTIVES ANY GOODS AND SERVICES PURCHASED, EVEN IF SPIRE OR SUCH MERCHANT HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SPIRE’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH Checking Pay OR ANY DISCOUNT PROGRAM, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE AMOUNT OF THE TRANSACTION IN QUESTION PLUS $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
15. Your Liability for Unauthorized Transfers and Misuse or Damage to Plastic Access Devices. You must notify Spire immediately if you believe your phone or other access device has been lost or stolen, or if you believe your password, passcode, PIN, or any of your credentials used for Checking Pay has been lost, stolen or compromised. Telephoning is the best way of keeping your possible losses down.
Also, if your statement provided by the financial institution holding your account shows transfers made with your Checking Pay access or using your User ID or PIN/password that you did not make, tell us at once. If the state in which you established your Checking Pay access provides for limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
(a) Contact in event of unauthorized transfer: If you believe your phone, password, PIN or any of your credentials used for Checking Pay have been lost, stolen, or compromised call: (888)823-2438 or write: CheckingPay@paywithspire.com
(b) Business days: For purposes of these disclosures, our business days are (Monday through Friday). US holidays recognized by the Federal Reserve are not included.
Reimbursement, where applicable, shall be your sole and exclusive right and remedy for any Damages (as defined hereinafter) incurred by you arising out of, in connection with, or relating to any fraudulent use or suspected fraudulent use, and any payment of any fraud reimbursement amount will be conditioned on your signing an agreement in a form acceptable to us releasing us from any further claims with respect thereto. You agree not to knowingly flag false fraudulent claims, or knowingly report any false claims of fraudulent use. If you flag or report claims of fraudulent use that are inaccurate, deceptive or in any way fabricated, we reserve the right to cancel your Checking Pay access immediately, and seek Damages.
Where applicable, Spire shall not be held liable for any misuse, loss, theft, or damage of the plastic access device subsequent to the issuance to you. In the event of loss or theft of the plastic access device, you shall immediately notify Spire to prevent unauthorized access and potential liability. Upon notification of loss or theft, Spire shall promptly deactivate the lost or stolen plastic access device and issue a replacement upon your request, subject to applicable fees and terms.
16. Release of Claims; Indemnity. You acknowledge that Spire provides Checking Pay, powered by Spire for Chevron, and that Chevron, and not Spire, is responsible for the redemption of the Promotions and the quality of the goods and services supplied. You hereby release Spire from any and all claims and liability related to any goods or services of Chevron and any act or omission of any other user of Checking Pay.
You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You expressly and voluntarily waive each and all claims, rights, or benefits you have or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction, to the full extent that it may lawfully waive such claims, rights and benefits in connection with this release.
You agree to indemnify Spire, its designees and your bank concerning the release by the bank to Spire or its designees of any information regarding your bank account(s).
Where applicable, you agree to indemnify and hold harmless Spire from any claims, damages, losses, or liabilities arising out of or in connection with the use or misuse of the plastic access device by you or any third party.
Should legal action be required to collect any outstanding balance, you agree to pay all costs of collection, including attorney’s fees, to Spire or its designee.
As applicable, you will indemnify, defend and hold harmless Spire, its affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors and other representatives or the applicable Third-Party Service Provider, its parents, subsidiaries, and affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors, and other representatives (each collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorneys’ fees, arising out of, related to, or which may arise from: (a) your use of Checking Pay; (b) your actual or alleged breach of or non-compliance with any term of this Agreement; (c) your violation of any right of a third party in connection with your use of Checking Pay, including but not limited to any right of privacy, publicity rights, or intellectual property rights of such third party; (d) your negligence or violation or alleged violation of any federal or state law, rule or regulation; (e) any other party’s access and/or use of Checking Pay with your login credentials; (f) any claim by any user of any goods and services redeemed with any Promotion; (g) any claim by any third party who suffers any injury in connection with the use of any Promotion; or (h) the use or consumption of any goods or services obtained from any merchant (“Damages”). Spire reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Spire with respect to such defense and settlement.
17. Error Resolution Procedures. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH Checking Pay MUST BE DIRECTED TO SPIRE, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for Checking Pay and for resolving any errors in transactions made using Checking Pay. Spire will not be providing you with regular or periodic statements regarding your transactions. You should be able to see the transactions conducted using your checking account on the statement provided by the financial institution holding your checking account. The financial institution holding your account will make periodic statements available to you. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE Checking Pay, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at: (888)823-2438 or write us at: CheckingPay@paywithspire.com. We must hear from you no later than 60 days after your financial institution sent you the FIRST statement on which the problem or error appeared.
(a) Tell us your name, email and phone number associated with your access.
(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly if you have not been credited by your financial institution. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we may credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new enrollments, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new enrollments, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
IF YOUR PHONE, PASSWORD, PASSCODE, PIN OR ANY OF YOUR CREDENTIALS USED FOR Checking Pay ARE LOST, STOLEN, OR COMPROMISED, OR YOU WISH TO SUSPEND OR CANCEL YOUR Checking Pay ACCESS, NOTIFY US AT ONCE by calling (888)823-2438.
If you make a claim seeking a refund or provisional credit from us, you warrant and represent that you have not made a claim for the same transaction or received a payment or refund from any other party including but not limited to your depositary financial institution or a merchant. If you have received a payment or refund from any other party and you also receive a payment or refund for the same transaction from us, you hereby authorize us to immediately reverse the payment or refund given to you by Spire.
17.1 Disclosure Regarding Use of Checking Pay: Spire provides the Checking Pay for merchants. The Services allow merchants to debit your account at your bank. The enrollment and the Service is not offered by the financial institution (your “Bank”) that maintains the deposit account that you have linked to your Checking Pay. The terms, benefits, and protections associated with your Checking Pay access may vary from those that apply to a debit card issued by your Bank. For example, if you use your Checking Pay access to make a purchase that exceeds the balance in the deposit account that you linked to the Checking Pay access, that account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to Checking Pay access may be different from those applicable to a debit card issued by your Bank. Please see Section 13 for an explanation of your liability when using Checking Pay.
18. Suspension; Modifications and Termination. Spire may change, modify or amend this Agreement by providing you notice of such change by Electronic Communication. Such changes will become effective 24 hours after being posted or sent to you. Your continued use of Checking Pay after the effective time of any such changes will constitute your acceptance of the changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of Checking Pay by calling Customer Care and deactivating your Checking Pay access. Ceasing to use Checking Pay or removing the Checking Pay mobile app from your device will not terminate Checking Pay. In order to terminate Checking Pay, your Checking Pay access must be closed.
Spire reserves the right to suspend your password and/or access to Checking Pay at any time if it believes you are in breach of this Agreement. If you use Checking Pay, you shall be bound by the version of the Agreement in effect at the time of your purchase. You are under an obligation to review the current version of this Agreement and other published Spire policies before using Checking Pay. We may ask you to affirmatively accept changes to these Terms at the time of your next login, access or use of Checking Pay. By continuing to use Checking Pay after such notice and/or acceptance, you agree to be bound by these Terms as modified.
Spire reserves the right to deny enrollment, suspend your password and/or access to Checking Pay, or terminate your Checking Pay access if Spire believes in its sole discretion that there are reasonable grounds for suspecting that you have: (a) acted in a manner inconsistent with the applicable local or federal laws, regulations or ordinances; (b) breached or violated any of Spire’s terms and conditions; (c) engaged in any fraudulent or dishonest behavior, theft, misconduct, or wrongdoing in connect with Checking Pay; (d) engaged in abusive, fraudulent, inappropriate, offensive or hostile conduct, whether it be physical or verbal in nature, towards Spire or any of its employees or contractors; (e) failed to pay any amounts that you owe Spire, whether in connection with your Checking Pay access or any other merchant branded access provided by Spire; (f) if information you have provided has been reported as, or is suspected to be, fraudulent or compromised; or (g) if you have not accessed Checking Pay in a period of time. If Spire believes, in its sole discretion, that your Checking Pay access been used for unauthorized, illegal or criminal proposes, whether by you or by some other party, you give Spire express authorization to: (a) share information related to use of your Checking Pay enrollment and access, including transaction information and your personal information; (b) take necessary steps to detect or respond to instances of potential or actual fraud or other illegal activities; (c) to respond to a law enforcement agency’s request for information or cooperation in an investigation; or (d) to respond to judicial process or other valid government investigation process. In the event Spire denies enrollment because of an outstanding debt, Spire will provide you with a Fair Credit Reporting Act “adverse action” notice.
If your Checking Pay access is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using Checking Pay, (c) that the license provided by Spire under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the user data stored by Spire, (e) that Spire shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Checking Pay or for termination of access to Checking Pay, and (f) you will remain liable for all payment transactions and other fees you initiated prior to the time of termination. Sections 3, 4, 5, 7-14 and 18, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
Where applicable, Spire reserves the right to terminate or suspend access privileges associated with the plastic access device at any time and for any reason, without prior notice, if deemed necessary for security reasons or violation of the terms and conditions.
19. Miscellaneous
19.1 Entire Agreement.
This Agreement constitutes the entire agreement between you and Spire governing your use of Checking Pay and supersedes any prior agreements between you and Spire relating to that subject matter.
19.2 Arbitration.
You agree that any claim or dispute arising in relation to this User Terms and Conditions, between the you and Spire, its Designees, their parents, subsidiaries, and/or affiliates, including but not limited to claims arising out of an attempt to collect any outstanding balance, but not including any claim properly brought by any party in small claims court, shall be resolved exclusively through binding arbitration pursuant to the Federal Arbitration Act to be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and Consumer Minimum Standards or by an equivalent arbitration administrator pursuant to its applicable rules.
19.3 Choice of Law and Forum. This Agreement is governed and interpreted under the laws of the State of New York, United States of America, without giving effect to the conflicts of laws provisions of any jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New York, United States of America, in all questions and controversies arising out of this Agreement or related to your use of the Service.
19.4 Waiver of Right to Jury; Class Action Waiver.
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
19.5 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. Spire reserves the right to assign this Agreement its rights and obligations hereunder to any third party without notice to you. This Agreement will be binding and inure to the benefit of the Parties hereto and their successors and permitted assigns.
19.6 Waiver and Severability of Terms.
The failure of Spire to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
19.7 Force Majeure.
Without limiting the applicability of the terms of Section 13, Spire and its Third Party Service Providers shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.
19.8 Survival.
The terms of this Agreement which are expressly, or by implication, intended to continue in force notwithstanding the termination of this Agreement or your termination of use of Checking Pay for any reason, will survive termination or expiration of this Agreement.
19.9 Survival of Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Checking Pay must be filed within one year after such claim or cause of action arose or be forever barred.
19.10 Third Party Beneficiary.
The provisions of this Agreement are entered into for the benefit of Spire, its third party licensors, designees, and the merchants and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests.
You acknowledge and agree that Spire’s Designees have third party enforcement rights under the agreement applicable to the utilization of EFT and check processing services, including assignment of debt in connection with ACH transactions. Except as stated in this section, there shall be no other third party beneficiaries to this Agreement.
This Agreement may be executed electronically, and your electronic assent or use of Checking Pay shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. You further acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and Spire both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Effective Date of these User Terms and Conditions, Version 1.03: Dec 4, 2024