Location Based Services Terms & Conditions

At any time, users may authorize or cancel ModoPayment’s ability to obtain their location coordinates by calling 877.770.6636 or by going to www.modopayments.com. Location coordinates (longitude, latitude, and radius) will be obtained ONLY when users send the VISIT command to ModoPayments via SMS or a mobile application on their phone.

Age Verification

ModoPayments Location Based Services are intended only for use by adults. By agreeing with these Location Based Services Terms & Conditions, you are verifying that you are older than 18 years of age.

Location Based Services Privacy

Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected databases. This information is discarded immediately and is accessible only by the service for verifying location for payments services and accessing payments accounts.

Your Consent

By using ModoPayments, the user (you) consents to our privacy policy.

Changes to Privacy Policy

In the case of changes to ModoPayments’s privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy or ModoPayment’s service, you may contact us using the information below.

ModoPayments, LLC
P.O. Box 861765
Plano, TX 75086-1765
support@modopayments.com
877.770.6636

Terms Of Service

Welcome to ModoPayments’ website (the “Site”). Please read the following Terms of Service (the “Terms”) carefully. By using the Site, other than to read these Terms for the first time, you agree that your use of the Site will be governed by the Terms. ModoPayments Corporation (“ModoPayments”) reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.

Description of Site and License

The Site provides information about ModoPayments and its products and services. The text, images, and other contents of the Site (collectively the “Contents”) are protected by the copyright laws of the United States and other countries. ModoPayments grants you a license to view the Contents on the publicly accessible areas of the Site. Your use of any other content or services offered by ModoPayments through or in connection with this Site may be governed by additional terms and conditions. This license does not include the right to reproduce, distribute, broadcast, modify, or otherwise commercially exploit any of the Contents, except that reproduction incidental to your use of the Site in accordance with these Terms is permitted. The license can be terminated by ModoPayments at any time with or without cause.

Modifications to Service

ModoPayments reserves the right at any time and from time to time to modify the Contents or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that ModoPayments will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents. Termination of Your Access You agree that ModoPayments, in its sole discretion, may terminate your access to or use of the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site under any provision of these Terms may occur without prior notice to you, and you also agree that ModoPayments will not be liable to you for any termination of your access to the Site.

Privacy Policy

The ModoPayments Privacy Policy sets forth how ModoPayments collects and uses information about you that we may receive through the Site.

Refund Policy

If you would like a refund for products or services purchased using ModoPayments, please call 1-877-770-6636 within 30 days of the transaction having posted on the ModoPayments website. Refund requests will be evaluated and fulfilled on a case-by-case basis. ModoPayments will use the location of the merchant, the mobile phone (as determined by mobile phone service provider information), and the payment transaction when evaluating the refund. Please distinguish whether or not the refund is due to fraud/unauthorized transactions or dissatisfaction with your purchase.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT THE SITE AND CONTENTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ModoPayments does not warrant that the Site will be available at any given time, secure, or free of error. You use the Site at your own risk, and you assume the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL MODOPAYMENTS BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF MODOPAYMENTS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.

Indemnification

You agree to indemnify, defend and hold harmless ModoPayments, and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the Site, by you or any other person accessing the Site using your account.

Trademarks

ModoPayments and the ModoPayments logo are trademarks of ModoPayments Corporation. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.

Applicable Law

You agree that any claims under these Terms will be subject to the laws of the State of California and of the United States of America, and you hereby consent to jurisdiction and venue in the courts of the State of California. These Terms will be construed according to the laws of the State of California.

No Third Party Beneficiaries

These Terms create no third party rights or obligations between ModoPayments and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.

Severability & Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by ModoPayments of strict performances of any provision of these Terms will not be a waiver of or prejudice ModoPayments’ right to require strict performance of the same provision in the future or of any other provision of these Terms.

Age Limitations

You must be 18 years of age to sign up for ModoPayments services. By agreeing to these terms you are verifying that you are at least 18 years of age.

Mobile Service Providers

ModoPayments messaging and location services are compatible with the major mobile service providers including AT&T, Verizon, TMobile, and Sprint as well as other mobile service providers. Messaging and data rates may apply. Modopayments will send you a text message in response to a request or when a mobile payment has occured.
Modopayments is a subscription service.
To terminate your subscription to Modopayments text STOP to 707.706.6636.

Help and Support

For help with services features and functions text HELP to 707.706.6636. You may access technical and service support at www.modopayments.com/support.php or by sending an email to support@modopayments.com.

Contacting Us

Address:     ModoPayments, LLC
P.O. Box 861765
Plano, TX 75086-1765
Email:     info@modopayments.com
Phone:     877.770.6636

Entire Agreement

These Terms constitute the entire agreement between the parties, and there are no promises, terms, conditions, or obligations between the parties other than those contained in these Terms. Subject to ModoPayments’ right to modify these Terms, no modification of these Terms will be valid unless in writing and signed by both parties.

Privacy Policy

ModoPayments, LLC (“ModoPayments”) respects your individual privacy. This privacy policy documents our adherence to the highest industry standards for the protection of your personal information. The policy is effective as of August 1, 2011, applies to the ModoPayments website, located at ModoPayments.com (the “Site”), and covers the following areas:

What personally identifiable information is collected by ModoPayments or by any third party through our website.

How ModoPayments uses this information.

With whom ModoPayments may share customer information, and other information that ModoPayments collects.

What choices are available to you as a customer with respect to collection, use and distribution of the information.

What types of security procedures are in place to protect the loss, misuse or alteration of information under our control.

How you can correct any inaccuracies in the information.

Information Collection and Use

ModoPayments is the sole owner of the information collected on the website. ModoPayments may collect information at several different stages.

We collect anonymous, aggregate information from all visitors to the website. This type of information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our website.

We require the submission of certain personally identifiable information (name, email address and phone number) when you sign up for a user account. Registration allows you to access a broad range of online and mobile resources. Your name and email address are required if you send an email inquiry to our customer service department.

We collect information via your mobile phone, at the point of sale and other means through your use of our services. From this information we send you messages from merchants and companies that you have made purchases from previously. We will also send you coupons and other offers from these merchants and companies. We do not provide any of your personal information to other merchants (from whom you have not purchased anything) or other third parties except as otherwise stated in this Privacy Policy or on our website.

YOUR PURCHASE INFORMATION WILL BE SHARED WITH THOSE PARTIES WHO PARTICIPATED IN THE PURCHASE. THIS INCLUDES MODOPAYMENTS FOR THOSE TRANSACTIONS CONDUCTED USING OUR SERVICE. YOUR PURCHASE INFORMATION WILL NEVER BE SHARED WITH ANY THIRD PARTY WHO WAS NOT PARTY TO THE PURCHASE.

YOUR CURRENT LOCATION, NOR YOUR HISTORY OF LOCATIONS WILL NEVER BE SHARED WITH A THIRD PARTY, EXCEPT AS REQUIRED BY LAW ENFORCEMENT.

Personal Information of Children Under 13

ModoPayments complies with the requirements of the Childrens Online Privacy Protection Act (COPPA) and the FTC’s Rule interpreting COPPA (16 CFR 512). The website is not directed to children and does not knowingly collect any personally identifiable information from children under 13 years of age.

Protection of Your Personal Information

ModoPayments does not sell, rent or share customer information with any third party not affiliated with or owned by ModoPayments, except service providers who assist ModoPayments in such areas as data storage or direct mailing. ModoPayments will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as spam) from any third party. We may send you infrequent e-mail notices regarding ModoPayments products or services that may be of interest to you. You may choose not to receive these notices when you first register. We may need to contact you regarding the status of your account or in response to a request from you.

Profile

We may store information that we collect through cookies and log files to create a profile of our customers. A profile is stored information detailing how individual customers use the website and our services. Collected information in a profile is tied to the customer’s personally identifiable information. However, your profile is used solely for internal purposes, to help us improve the experience of our customers and to offer you additional services and discounts.

Cookies: A cookie is a small text file stored on the customer’s hard drive for an extended period of time. The cookies can be removed by following Internet browser help file directions. Allowing the website cookie to remain on your computer makes it easier for you to log in to and use the website. If you reject the cookie, you may still use the website, but you will be required to verify your identity at various points.

Log Files: Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track a customer’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable

information.

Disclosure of Personal Information As Required By Law

We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.

Business Transactions

In the event ModoPayments goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our website for 30 days prior to a change of ownership or control of their personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.

User Account and PIN

When you create a user account, upon completing ModoPayments’ registration process, ModoPayments will send you a text message to your mobile phone with your temporary password. You are responsible for deleting the text message, changing your password to one of your choice, and maintaining the confidentiality of your password. You are fully responsible for all activities that occur under your password or account using your mobile phone. You agree to immediately notify ModoPayments of any unauthorized use of your password or account or any other breach of security, and to ensure that you log off at the end of each session. You also agree to notify ModoPayments if your mobile phone is lost or stolen, but not before notifying your mobile phone service provider. ModoPayments is not liable to you for any loss or damage arising from your failure to comply with this Section.

Security

ModoPayments takes commercially reasonable precautions to protect our customers’ information. For example, when you log on to change your personal information, we encrypt your communications with SSL 128-bit encryption, the industry standard. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. While we use encryption to protect sensitive information online, we also make an effort to protect your information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that store your personally identifiable information are housed in a secure environment. ModoPayments believes it is or will be PCI Level 1 compliant. What is PCI-1? Payment Card Industry – (PCI) Compliance is an initiative which is being strongly enforced by the four major credit card companies (Visa, Mastercard, Discover and American Express). Currently, being PCI compliant means that ModoPayments are in compliance with the four major credit card companies. As of December 15, 2004 – card associations created a set of “Industry Security Requirements”, which are referred to as “PCI Compliance” – (Payment Card Industry Compliance). The agreement amongst the industry was that, if a merchant is VISA CISP compliant, all other companies, Mastercard, AMEX and Discover would honor your CISP compliance, and consider your company PCI Compliant.

Correcting, Updating, Deleting and Deactivating Personal Information

If your personally identifiable information changes, you may correct, update or delete and deactivate our record of your personally identifiable information. Sign in to your account to change your information.

Notifications of Changes

If we decide to materially change our privacy policy, we will post a notice on the main page to alert you about the change. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our website notifying customers of the change. In some cases where we post a notice we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.