CARDSETTLEMENT.ORG TERMS OF USE
Last Updated: April 25, 2026
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User,” “Client,” “you,” or “your”) and CardSettlement.org LLC, a Wyoming limited liability company, doing business as CardSettlement.org (“CardSettlement.org,” “Company,” “we,” “us,” or “our”), governing your access to and use of the CardSettlement.org website, platform, portals, systems, communication channels, and all related services, features, functionality, content, workflows, and communications, whether accessed via desktop, mobile device, or any other medium (collectively, the “Site” and “Services”).
These Terms form a binding and enforceable contract and govern all access to and use of the Site and Services, regardless of the manner, method, or medium by which such access occurs, including, without limitation, direct use, indirect use, third-party facilitated access, or access through any automated or electronic means.
Legal Notice; Binding Effect; Acknowledgment and Assumption of Risk
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS VOLUNTARY AND IS UNDERTAKEN AT YOUR SOLE RISK.
THESE TERMS CONTAIN IMPORTANT PROVISIONS, INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AUTHORIZATIONS PERMITTING CARDSETTLEMENT.ORG TO ACT ON YOUR BEHALF, PROVISIONS GOVERNING THE RECEIPT, HANDLING, AND DISTRIBUTION OF FUNDS, CONSENT TO RECEIVE ELECTRONIC AND SMS COMMUNICATIONS, AND A MANDATORY AND BINDING ARBITRATION AGREEMENT THAT INCLUDES A WAIVER OF ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
BY ACCESSING, BROWSING, REGISTERING FOR, SUBMITTING INFORMATION THROUGH, OR OTHERWISE USING THE SITE OR SERVICES IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE, REPRESENT, WARRANT, AND AGREE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, FULLY UNDERSTAND THEIR CONTENT AND LEGAL EFFECT, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY THEM. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL CAPACITY, AUTHORITY, AND RIGHT TO ENTER INTO THIS AGREEMENT AND TO PERFORM YOUR OBLIGATIONS HEREUNDER.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CARDSETTLEMENT.ORG DOES NOT CONTROL ANY ASPECT OF ANY SETTLEMENT PROCESS, INCLUDING WITHOUT LIMITATION ELIGIBILITY DETERMINATIONS, CLAIM APPROVALS, PAYMENT AMOUNTS, DISTRIBUTION TIMING, OR WHETHER ANY PAYMENT IS MADE AT ALL, ALL OF WHICH ARE DETERMINED SOLELY BY THIRD PARTIES, INCLUDING COURTS AND CLAIMS ADMINISTRATORS. YOU FURTHER ACKNOWLEDGE THAT ANY EXPECTATION OF PAYMENT IS UNCERTAIN, SPECULATIVE, AND CONTINGENT UPON FACTORS ENTIRELY OUTSIDE THE CONTROL OF CARDSETTLEMENT.ORG.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOU MAY RECEIVE NO PAYMENT, THAT ANY PAYMENT MAY BE DELAYED, REDUCED, OR ISSUED IN MULTIPLE PHASES, OR THAT YOU MAY NOT BE INCLUDED IN ANY PARTICULAR DISTRIBUTION.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SITE AND SERVICES. ANY CONTINUED ACCESS TO OR USE OF THE SITE OR SERVICES SHALL CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS, AS THEY MAY BE MODIFIED, UPDATED, OR AMENDED FROM TIME TO TIME IN THE SOLE DISCRETION OF CARDSETTLEMENT.ORG.
THESE TERMS SHALL GOVERN ALL CURRENT AND FUTURE ACCESS TO AND USE OF THE SITE AND SERVICES UNLESS AND ONLY TO THE EXTENT EXPRESSLY SUPERSEDED BY A WRITTEN AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF CARDSETTLEMENT.ORG.
Incorporation of Governing Documents; No Reliance; Allocation of Risk; Conditions of Access
These Terms incorporate by reference, and are intended to be read in conjunction with, the CardSettlement.org Privacy Policy, the CardSettlement.org Acceptable Use Policy, any Client Agreements (including without limitation Engagement Agreements and Authorities to Represent), and any additional disclosures, policies, notices, or agreements made available through the Site or otherwise designated by CardSettlement.org as applicable (collectively, the “Governing Documents”), each of which forms an integral and inseparable part of this agreement and is binding upon the User.
To the fullest extent permitted by applicable law, these Terms shall control over any inconsistent or conflicting communication, representation, or understanding not expressly incorporated herein, and CardSettlement.org shall have the sole and absolute discretion to interpret, construe, and apply these Terms and all Governing Documents. Any such interpretation shall be final and binding absent manifest error. The User expressly waives any argument that any
ambiguity in these Terms or any Governing Document should be construed against CardSettlement.org.
User acknowledges and agrees that User is not relying on, and expressly disclaims reliance upon, any statement, representation, warranty, promise, estimate, projection, or inducement of any kind, whether oral, written, electronic, implied, or otherwise, that is not expressly set forth in these Terms or the Governing Documents. Without limiting the foregoing, User acknowledges that no marketing materials, communications, examples, or third-party statements shall modify or supplement these Terms unless expressly incorporated herein in writing.
User further acknowledges and agrees that the Services operate in connection with court-administered settlement processes and that all material outcomes, including without limitation eligibility determinations, claim approvals, payment timing, distribution methodology, and payment amounts, are controlled by third parties, including Claims Administrators and courts, and are outside the control of CardSettlement.org. User expressly acknowledges that CardSettlement.org has no authority, discretion, or influence over such determinations and that any expectation of payment or financial outcome is inherently uncertain and contingent upon factors outside the control of CardSettlement.org.
User knowingly and voluntarily assumes all risks associated with the use of the Services, including without limitation the risk of non-payment, delayed payment, reduced payment, exclusion from partial or phased distributions, or complete denial of any claim. User acknowledges and agrees that these Terms reflect a knowing and intentional allocation of risk between the parties, and that CardSettlement.org would not provide access to the Services absent such allocation.
User’s access to and use of the Site and Services is expressly conditioned upon User’s acceptance of and ongoing compliance with these Terms, all Governing Documents, and all applicable laws, rules, and regulations. CardSettlement.org reserves the right, in its sole and absolute discretion and without prior notice, to restrict, suspend, condition, limit, or terminate access to the Site or Services at any time, for any reason or no reason, including without limitation where CardSettlement.org determines that continued access may create legal, regulatory, operational, financial, or reputational risk.
Definitions
For purposes of these Terms, the following terms shall have the meanings set forth below. Defined terms may be used in the singular or plural form as appropriate.
“CardSettlement.org” or “Company” means CardSettlement.org LLC, a Wyoming limited liability company doing business as CardSettlement.org, together with its owners, members, managers, officers, directors, employees, agents, contractors, affiliates, successors, and assigns.
“Site” means the CardSettlement.org website, portals, applications, and any associated digital interfaces through which the Services are made available.
“Services” means all services provided by CardSettlement.org, including, without limitation, administrative, logistical, technological, coordination, communication, claim preparation, claim submission, claim management, and payment facilitation services in connection with class action settlements.
“User” or “Client” means any individual or entity that accesses, uses, or interacts with the Site or Services.
“Client Agreements” means any Engagement Agreement, Authority to Represent, Power of Attorney, or other agreement executed between User and CardSettlement.org.
“Claims Administrator” means any court-appointed administrator, settlement administrator, or other third party responsible for administering any class action settlement.
“Settlement” means any class action settlement, fund, or distribution process in connection with which CardSettlement.org provides Services.
“Messaging Services” means all forms of electronic communication provided by CardSettlement.org, including SMS, text messaging, email, and other communication channels.
“Force Majeure Event” means any event, condition, circumstance, delay, disruption, or failure described in Section 8 of these Terms.
“Governing Documents” means these Terms, the Privacy Policy, the Acceptable Use Policy, the Client Agreements, and any other policies or disclosures incorporated by reference.
1. Nature of Services; Independent Role; No Legal Representation; No Control Over Settlement Process
CardSettlement.org provides administrative, logistical, technological, coordination, and facilitation services in connection with class action settlement claims, including, without limitation, assistance related to the matter commonly referred to as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, as well as any other current or future settlement matters for which the Company elects to provide services (collectively, the “Services”). The Services may include, without limitation, assisting Users in identifying potential eligibility, gathering and organizing information, preparing and submitting claim materials, communicating with court-appointed claims administrators, responding to follow-up requests, maintaining records, facilitating communication, and coordinating the receipt and distribution of funds where applicable.
CardSettlement.org acts solely as an independent administrative service provider and does not act as a law firm, attorney, legal representative, claims administrator, settlement administrator,
fiduciary, trustee, escrow agent, financial institution, or advisor of any kind. Nothing contained in the Services or these Terms shall be construed to create any attorney-client relationship, fiduciary relationship, or other special relationship imposing heightened duties or obligations on CardSettlement.org.
CardSettlement.org does not provide legal advice, tax advice, financial advice, or investment advice. All information provided through the Services is for administrative and informational purposes only and should not be relied upon as a substitute for independent professional advice. Users are expressly advised that they may file claims independently without the involvement of CardSettlement.org and that they should consult their own attorneys, accountants, or other advisors as they deem appropriate.
User expressly acknowledges and agrees that CardSettlement.org does not control, and has no authority, discretion, or influence over, any aspect of any settlement process, including, without limitation, (i) the determination of eligibility for any claim, (ii) the approval, denial, or modification of any claim, (iii) the calculation or allocation of any payment amount, (iv) the timing, sequencing, or method of any distribution, or (v) whether any payment is made at all. All such determinations are made exclusively by third parties, including courts and court-appointed claims administrators, and are outside the control of CardSettlement.org.
Without limiting the foregoing, User acknowledges that settlement processes are inherently complex, subject to change, and may involve multiple phases, partial distributions, pro rata allocations, and discretionary decisions made by third parties. CardSettlement.org makes no representation, warranty, or guarantee of any kind regarding the outcome of any claim, the likelihood of payment, the amount of any payment, or the timing of any payment.
CardSettlement.org shall have no duty or obligation to pursue, escalate, or follow up on any claim beyond what it determines, in its sole and absolute discretion, to be appropriate in connection with the Services. CardSettlement.org shall have no obligation to provide updates at any particular frequency, to take any specific action on behalf of any User, or to continue providing Services in any particular manner or scope.
User further acknowledges and agrees that the Services are dependent upon the accuracy, completeness, and timeliness of information provided by the User and third parties, and that CardSettlement.org shall not be responsible for any errors, omissions, delays, or adverse outcomes resulting from incomplete, inaccurate, or untimely information.
To the fullest extent permitted by law, User agrees that CardSettlement.org shall not be responsible or liable for any outcome related to any claim, including, without limitation, denial of a claim, reduction of a claim, delay in payment, failure to receive payment, exclusion from any distribution, or any action or inaction of any third party involved in the settlement process.
2. No Control Over Settlement Outcomes; No Reliance; No Expectation of Payment
Without limiting any provision of Section 1, and as a material condition of access to and use of the Services, User expressly acknowledges, agrees, and affirms that CardSettlement.org does
not control, influence, direct, or participate in any decision-making process relating to any settlement, including, without limitation, any determination regarding claim eligibility, claim approval or denial, calculation or allocation of payment amounts, timing or sequencing of distributions, inclusion or exclusion from any distribution phase, or whether any payment is issued at all.
User further acknowledges and agrees that all such determinations are made exclusively by third parties, including courts and court-appointed claims administrators, and that such determinations may be made in their sole discretion, may change over time, and may be applied inconsistently across similarly situated claimants without notice or explanation.
User expressly acknowledges that settlement distributions may be structured in a manner that includes, without limitation, pro rata allocations, partial or interim payments, phased distributions, delayed distributions, or selective distributions to subsets of claimants, and that the existence of any payment to any other claimant shall not create any inference, expectation, or entitlement with respect to User.
User agrees that any expectation of payment, timing, or amount is inherently speculative, uncertain, and contingent upon numerous factors outside the control of CardSettlement.org, including factors that may not be known, disclosed, or foreseeable at the time of use of the Services.
User expressly agrees that User is not relying on any statement, communication, estimate, projection, or implication made by CardSettlement.org, whether express or implied, regarding the likelihood, amount, or timing of any payment, and that no such statement shall give rise to any claim, cause of action, or liability against CardSettlement.org.
To the fullest extent permitted by law, User agrees that CardSettlement.org shall have no liability whatsoever for any outcome or perceived outcome related to any claim, including, without limitation, denial of a claim, reduction of a claim, delay in payment, failure to receive payment, exclusion from any distribution, or any decision or action taken or not taken by any third party involved in the settlement process.
User further acknowledges and agrees that disappointment, dissatisfaction, or perceived unfairness in the settlement process or its outcomes shall not give rise to any claim against CardSettlement.org, and that User’s sole recourse, if any, lies with the applicable claims administrator or court, and not with CardSettlement.org.
3. Authority to Act; Incorporation of Client Agreements; Binding Authorization
Where User has executed an Engagement Agreement, Authority to Represent, Power of Attorney, or any similar agreement with CardSettlement.org (collectively, the “Client Agreements”), such Client Agreements are hereby expressly incorporated by reference into these Terms and shall govern the relationship between the parties to the fullest extent permitted by law. In the event of any conflict between these Terms and any Client Agreement, the Client Agreement shall control solely with respect to the specific subject matter expressly governed by
such Client Agreement; provided, however, that these Terms shall continue to govern all website access, communications, Messaging Services, disclaimers, limitations of liability, dispute resolution procedures, data handling, and all matters not expressly and directly addressed in the applicable Client Agreement. To the fullest extent permitted by law, CardSettlement.org shall have the right to interpret, reconcile, and apply the Governing Documents in a manner consistent with their overall purpose and risk allocation.
User acknowledges and agrees that, pursuant to the Client Agreements, User has granted CardSettlement.org broad, continuing, and fully effective authority to act on User’s behalf in connection with the Services. Such authority includes, without limitation, the authority to prepare, complete, review, revise, execute, submit, and manage claims; to communicate with, respond to, and negotiate with claims administrators and related third parties; to provide documentation and supporting materials; to make representations based on available data; to correct or supplement prior submissions; to select or confirm payment methods; and to take any action that CardSettlement.org deems reasonably necessary, appropriate, or advisable in connection with the claim process.
User expressly acknowledges and agrees that CardSettlement.org is authorized to rely upon and utilize information provided by the User, as well as information obtained from third-party sources or derived from reasonable assumptions, estimates, or calculations, in preparing and submitting claims. User further acknowledges that, due to the nature of historical data and settlement methodologies, certain information may be incomplete, estimated, reconstructed, or based on best available data, and User authorizes CardSettlement.org to proceed on such basis without further approval.
User agrees that CardSettlement.org may exercise its authority without obtaining additional confirmation, consent, or approval from User, including, without limitation, in circumstances where User is unresponsive, unavailable, fails to timely provide requested information, or otherwise delays the claims process. User expressly waives any right to object to, challenge, or dispute any action taken by CardSettlement.org within the scope of such authority on the basis that additional approval was not obtained.
Any action taken, submission made, communication sent, or representation provided by CardSettlement.org within the scope of its authority shall be deemed to have been authorized, approved, and ratified by the User in all respects and shall be binding upon the User for all purposes, including with respect to third parties, claims administrators, and courts.
To the fullest extent permitted by law, the authority granted to CardSettlement.org shall be deemed irrevocable for so long as necessary to complete the Services, and shall survive periods of non-responsiveness, inactivity, or communication failure by the User. User agrees that CardSettlement.org shall have no liability for exercising or declining to exercise such authority in its discretion.
User further acknowledges and agrees that CardSettlement.org may, where permitted under the Client Agreements, receive settlement proceeds, endorse or deposit payments, direct payment
methods, and take such actions as are necessary to facilitate the processing and distribution of funds, and that such actions are authorized and binding upon the User.
4. Funds Handling; Payment Processing; Administrative Capacity; No Fiduciary Duty
CardSettlement.org may, in certain circumstances, receive settlement proceeds on behalf of Users, including, without limitation, where the Claims Administrator or other third party issues payment to CardSettlement.org for subsequent distribution. In all such circumstances, CardSettlement.org acts solely in a limited administrative and facilitation capacity and not as a fiduciary, trustee, escrow agent, custodian, financial institution, or agent with respect to any User or funds.
User expressly acknowledges and agrees that CardSettlement.org does not hold funds in trust for the benefit of any User, does not maintain segregated accounts on a per-User basis, and does not assume any fiduciary, custodial, or heightened duty of care with respect to any funds received, held, or distributed. Any funds received by CardSettlement.org may be held in pooled or commingled accounts and shall not be subject to any trust, escrow, or segregation requirement.
CardSettlement.org shall have no obligation to make any payment to any User unless and until funds are actually received from the Claims Administrator or other third party, and such funds have been verified and made available for distribution. CardSettlement.org shall not be liable for any delay, reduction, adjustment, withholding, or failure of payment caused in whole or in part by any third party, including without limitation any Claims Administrator, court, financial institution, payment processor, or intermediary.
User acknowledges and agrees that any payment received may be subject to adjustment, offset, reduction, reversal, or clawback by the Claims Administrator or other third party, whether before or after distribution, and CardSettlement.org shall have no liability for any such adjustment. To the fullest extent permitted by law, User agrees to promptly return any funds received to which User is not entitled, including any amounts subject to reversal or correction, and CardSettlement.org shall have the right to offset or recover such amounts.
Where funds are received and valid, complete, and verified payment information has been provided by the User, CardSettlement.org will use commercially reasonable efforts to facilitate distribution; however, User expressly acknowledges and agrees that CardSettlement.org does not guarantee any specific payment timeline and shall have no liability for delays arising from internal processing, verification procedures, operational constraints, system limitations, banking delays, or third-party failures.
User acknowledges that the ability to complete payment is dependent upon the User’s timely provision of accurate and complete payment information, including banking details or mailing address for check delivery. If User fails to provide such information, provides inaccurate or incomplete information, or fails to respond to requests for such information, CardSettlement.org may, in its sole discretion, hold such funds for a limited period or take such other action as it
deems appropriate, including returning funds as described below. CardSettlement.org shall have no obligation to locate, pursue, remind, or otherwise ensure contact with the User for purposes of completing payment.
User further acknowledges and agrees that settlement proceeds may be subject to strict deadlines and return requirements imposed by the Claims Administrator or court, including, without limitation, requirements that funds be distributed within a specified timeframe. In the event that CardSettlement.org is unable to distribute funds within such timeframe, including but not limited to approximately ninety (90) days from receipt, CardSettlement.org may return such funds as required, and User may permanently forfeit any right, claim, or entitlement to such funds, without any liability to CardSettlement.org.
User acknowledges and agrees that, without limiting Section 13 of these Terms, CardSettlement.org shall have no obligation to notify User of the receipt of funds, the availability of funds, or the impending return of funds except as required by applicable law, and that failure by the User to respond or act in a timely manner may result in the loss of such funds.
User further acknowledges and agrees that no interest, earnings, or other financial benefit shall accrue to the User with respect to any funds held by CardSettlement.org, and User waives any claim to such interest or earnings.
To the fullest extent permitted by law, User agrees that CardSettlement.org shall have no liability whatsoever in connection with the receipt, handling, holding, processing, distribution, delay, misdirection, return, or non-payment of any funds, except in the case of gross negligence or willful misconduct, and even in such case, subject to the limitations set forth elsewhere in these Terms.
5. Messaging Services; SMS Communications; Consent; TCPA and A2P Compliance
CardSettlement.org may communicate with User through various electronic communication channels, including, without limitation, Short Message Service (SMS), text messaging, email, automated or prerecorded messaging systems, and other communication technologies now known or hereafter developed (collectively, the “Messaging Services”). Such Messaging Services are an integral component of the Services and are used to facilitate the timely and efficient administration of claims, communication of status updates, and coordination of payment-related matters.
By providing a mobile telephone number to CardSettlement.org, whether through execution of a Client Agreement, submission through any website form, onboarding process, communication with Company personnel, or any other interaction with the Services that includes the provision of such number, User expressly consents to receive communications from CardSettlement.org via SMS and other Messaging Services, including communications delivered using automated technology, autodialing systems, or prerecorded or artificial voice technologies, to the extent permitted by applicable law.
User’s consent to receive Messaging Services applies to all communications related to the Services, including, without limitation: claim status updates, payment notifications, requests for information or documentation, onboarding communications, administrative alerts, account-related notices, service announcements, and follow-up communications necessary to complete or administer the Services. User acknowledges that such communications may be time-sensitive and that failure to receive or respond to such communications may adversely impact User’s ability to receive payments or otherwise participate in the Services.
User acknowledges and agrees that message frequency may vary depending on User activity, claim status, operational needs, and third-party processes, and that CardSettlement.org makes no representation or warranty regarding the frequency, timing, or delivery of any messages.
User further acknowledges that message and data rates may apply depending on User’s mobile carrier, service plan, and geographic location, and that such charges are the sole responsibility of the User. User agrees that CardSettlement.org shall have no liability for any such charges.
User understands and agrees that consent to receive Messaging Services is not a condition of purchasing any goods or services; however, User further acknowledges that the ability of CardSettlement.org to effectively provide the Services may be materially limited if User opts out of Messaging Services.
User may opt out of receiving SMS communications at any time by replying “STOP” to any SMS message received or by following any alternative opt-out instructions provided. Upon receipt of a valid opt-out request, CardSettlement.org will use commercially reasonable efforts to cease sending further SMS messages, except as necessary to confirm the opt-out, to provide legally required notices, or as otherwise permitted by applicable law. User may request assistance by replying “HELP” or by contacting CardSettlement.org through available support channels.
User represents and warrants that any telephone number provided to CardSettlement.org is accurate, current, and belongs to User or that User has the full legal authority and consent of the subscriber or customary user of such number to receive communications from CardSettlement.org. User agrees to promptly update any changes to such information and acknowledges that failure to do so may result in misdirected communications for which CardSettlement.org shall have no liability.
User acknowledges and agrees that delivery of Messaging Services is subject to effective transmission by third-party service providers, including mobile carriers and messaging platforms, and that CardSettlement.org does not guarantee, and shall not be responsible or liable for, any failure, delay, interception, filtering, or non-delivery of any message, including without limitation messages that are blocked, delayed, or rejected by carriers or service providers.
CardSettlement.org may utilize third-party vendors and service providers to facilitate Messaging Services, including messaging platforms, telecommunications providers, and related infrastructure. User consents to the use of such third parties for the purpose of delivering
communications and acknowledges that such providers may process User’s contact information solely for such purpose in accordance with applicable law.
CardSettlement.org maintains records of User consent, opt-in, and opt-out activity in accordance with applicable legal, regulatory, and industry standards, including but not limited to TCPA and CTIA guidelines. User acknowledges that such records may be relied upon by CardSettlement.org to demonstrate compliance with applicable laws and to defend against claims relating to unauthorized communications.
CardSettlement.org does not sell, rent, or share SMS opt-in data, consent information, or mobile telephone numbers with third parties for marketing or promotional purposes. Such information is used solely for the purpose of providing the Services and delivering service-related communications.
To the fullest extent permitted by law, User agrees that CardSettlement.org shall have no liability for any damages arising out of or relating to Messaging Services, including without limitation any delay, failure of delivery, misdirected communication, or User’s failure to receive or respond to any message.
6. Limitation of Liability; Exclusion of Damages; Exclusive Remedy
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARDSETTLEMENT.ORG, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THE MESSAGING SERVICES, ANY CLIENT AGREEMENT, OR ANY SETTLEMENT PROCESS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.
WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE COMPANY PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY OUTCOME RELATED TO ANY SETTLEMENT OR CLAIM, INCLUDING, WITHOUT LIMITATION, (I) DENIAL OF A CLAIM, (II) REDUCTION OR ADJUSTMENT OF A CLAIM, (III) DELAY IN PAYMENT, (IV) FAILURE TO RECEIVE PAYMENT, (V) EXCLUSION FROM ANY DISTRIBUTION, (VI) ERRORS OR ACTIONS BY CLAIMS ADMINISTRATORS OR COURTS, OR (VII) ANY DECISION OR DISCRETION EXERCISED BY ANY THIRD PARTY.
USER FURTHER AGREES THAT THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATING TO (A) THE USER’S FAILURE TO PROVIDE ACCURATE, COMPLETE, OR TIMELY INFORMATION, (B) THE USER’S FAILURE TO RESPOND TO COMMUNICATIONS, (C) ANY INTERRUPTION, DELAY, FAILURE, OR NON-DELIVERY OF MESSAGING SERVICES, (D) ANY ACTION TAKEN BY CARDSETTLEMENT.ORG PURSUANT TO ITS AUTHORITY UNDER THE CLIENT AGREEMENTS OR THESE TERMS, OR (E) ANY DELAY, ERROR, FAILURE, OR INTERRUPTION CAUSED BY THIRD-PARTY SYSTEMS, INCLUDING WITHOUT LIMITATION FINANCIAL INSTITUTIONS, PAYMENT PROCESSORS, TELECOMMUNICATION PROVIDERS, OR TECHNOLOGY PLATFORMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE OR SERVICES MUST BE BROUGHT, IF AT ALL, SOLELY AGAINST CARDSETTLEMENT.ORG IN ITS CAPACITY AS A CONTRACTING PARTY, AND NOT AGAINST ANY INDIVIDUAL ASSOCIATED WITH THE COMPANY PARTIES.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00), REGARDLESS OF THE NUMBER OF CLAIMS, THE NATURE OF THE ALLEGED DAMAGES, OR THE LEGAL THEORY ASSERTED. USER ACKNOWLEDGES AND AGREES THAT THIS LIMITATION OF LIABILITY IS A MATERIAL TERM OF THESE TERMS AND REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
USER FURTHER AGREES THAT THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS FOR ANY REASON.
7. Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver; Mass Arbitration Procedures
7.1 Agreement to Arbitrate
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER AND CARDSETTLEMENT.ORG AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER AT LAW OR IN EQUITY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES, THE MESSAGING SERVICES, ANY CLIENT AGREEMENT, OR THESE TERMS (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN ANY COURT OF LAW.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES, WITHOUT LIMITATION, ANY DISPUTE REGARDING THE SCOPE, ENFORCEABILITY, OR APPLICABILITY OF THIS ARBITRATION PROVISION. THE ARBITRATOR, AND NOT ANY COURT, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.
7.2 Waiver of Jury Trial and Class Actions
USER AND CARDSETTLEMENT.ORG EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
ALL DISPUTES SHALL BE BROUGHT SOLELY IN THE USER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
ANY ATTEMPT TO BRING OR PARTICIPATE IN A PROHIBITED ACTION SHALL BE VOID AND OF NO EFFECT.
7.3 Arbitration Procedures; Venue; Governing Rules
Arbitration shall be conducted by a neutral arbitrator in accordance with commercially reasonable arbitration rules selected by CardSettlement.org, which may include, without limitation, the rules of the American Arbitration Association (AAA) or a comparable provider, as modified by these Terms.
All arbitration proceedings shall be conducted exclusively on a virtual basis, without any requirement for in-person appearance, unless otherwise determined by CardSettlement.org in its sole discretion.
The seat and legal place of arbitration shall be Laramie County, Wyoming, and the arbitration shall be governed by the Federal Arbitration Act (FAA) and, to the extent not preempted, the laws of the State of Wyoming, without regard to conflict-of-law principles.
7.4 Mass Arbitration; Batch Processing Requirements
To the fullest extent permitted by law, if twenty-five (25) or more similar Disputes are asserted against CardSettlement.org by the same or coordinated counsel, or are otherwise determined by CardSettlement.org to be part of a coordinated effort (a “Mass Arbitration”), the following procedures shall apply:
(a) The Disputes shall be administered in batches of no more than twenty-five (25) claimants per batch;
(b) Each batch shall be arbitrated sequentially, and no subsequent batch shall proceed until the prior batch has been fully resolved, including any settlement discussions, hearings, and issuance of awards;
(c) The arbitrator for each batch shall be selected in accordance with the applicable arbitration provider’s rules, as modified herein;
(d) No consolidation, joinder, or aggregation of claims shall be permitted except as expressly set forth in this Section;
(e) CardSettlement.org reserves the right to modify the batching structure as reasonably necessary to ensure efficient and fair resolution.
User acknowledges and agrees that these Mass Arbitration procedures are a material term of this agreement and are intended to prevent abusive or coordinated litigation tactics.
7.5 Costs and Fees
Each party shall bear its own attorneys’ fees and costs, except as otherwise required by applicable law or determined by the arbitrator. User acknowledges that arbitration may involve fees charged by the arbitration provider and agrees to be responsible for such fees to the extent permitted by law.
CardSettlement.org shall not be responsible for any arbitration costs, filing fees, or administrative expenses except as required by applicable law.
7.6 Exclusive Forum; No Court Proceedings
Except for claims that may not be subject to arbitration under applicable law, all Disputes shall be resolved exclusively through arbitration as set forth herein. To the extent any claim proceeds in court, such claim shall be brought exclusively in a state or federal court located in Laramie County, Wyoming, and User irrevocably consents to the personal jurisdiction and venue of such courts.
7.7 Severability and Survival
If any provision of this Section is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect, except that if the class action waiver or Mass Arbitration provisions are found to be unenforceable, the entirety of this Section shall be null and void, and any Disputes shall proceed exclusively in the courts specified above.
This Section shall survive the termination, expiration, or suspension of these Terms and the User’s use of the Services.
8. Force Majeure; Suspension of Performance; No Liability for External Events
CardSettlement.org shall not be liable for any failure, delay, interruption, defect, or inability to perform any obligation under these Terms or in connection with the Services where such failure or delay arises out of or relates to any event, condition, or circumstance beyond its reasonable control, whether foreseeable or unforeseeable (each, a “Force Majeure Event”).
Force Majeure Events shall include, without limitation: acts of God; natural disasters; weather events; fire; flood; earthquake; pandemic; epidemic; public health emergency; war; terrorism; civil unrest; labor disputes; strikes; governmental actions; regulatory changes; court orders; judicial rulings; delays or actions by any court; delays, determinations, or actions by any Claims Administrator; interruptions or failures of banking systems, financial institutions, or payment processors; failures or disruptions of telecommunications networks, internet service providers, mobile carriers, or messaging platforms; system outages; software or hardware failures; cyber incidents; data center failures; power outages; supply chain disruptions; third-party service failures; or any other similar or dissimilar event outside the reasonable control of CardSettlement.org.
Without limiting the foregoing, User expressly acknowledges and agrees that the Services are dependent upon third-party systems and processes, including courts, Claims Administrators, financial institutions, payment processors, and telecommunications providers, and that any delay, disruption, or failure attributable to such third parties shall be deemed a Force Majeure Event for purposes of these Terms.
In the event of a Force Majeure Event, CardSettlement.org shall have the right, in its sole and absolute discretion, to suspend, delay, modify, or discontinue performance of the Services, in whole or in part, without liability and without being deemed in breach of these Terms. Any timelines, obligations, or performance requirements shall be automatically extended for the duration of the Force Majeure Event and for a reasonable period thereafter.
CardSettlement.org shall have no obligation to implement any workaround, mitigation, or alternative solution during a Force Majeure Event, and any such actions, if taken, shall be undertaken solely at CardSettlement.org’s discretion and without creating any continuing obligation.
User acknowledges and agrees that CardSettlement.org shall have no obligation to provide notice of a Force Majeure Event beyond what is commercially reasonable under the circumstances, and that failure to provide such notice shall not give rise to any liability or claim.
To the fullest extent permitted by law, User agrees that CardSettlement.org shall have no liability whatsoever for any damages, losses, delays, or adverse outcomes arising out of or relating to any Force Majeure Event, including without limitation any delay or failure in the processing, submission, approval, or payment of any claim.
9. Indemnification; Defense; Hold Harmless
User agrees to defend, indemnify, and hold harmless CardSettlement.org, its owners, members, managers, officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, proceedings, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses of any kind whatsoever, including without limitation reasonable attorneys’ fees and costs (collectively, “Claims”), arising out of or relating to, directly or indirectly:
(a) User’s access to or use of the Site or Services;
(b) User’s breach or alleged breach of these Terms, any Governing Document, or any Client Agreement;
(c) any information, data, documentation, or materials provided by or on behalf of User, including without limitation any inaccuracy, incompleteness, or misrepresentation therein;
(d) User’s failure to provide accurate, complete, or timely information, or failure to respond to communications from CardSettlement.org;
(e) any claim that CardSettlement.org acted without proper authority in submitting, modifying, or managing any claim on behalf of User;
(f) any dispute between User and any third party, including without limitation any Claims Administrator, financial institution, payment processor, or other service provider;
(g) any claim relating to the receipt, non-receipt, delay, reduction, reversal, return, or distribution of settlement funds;
(h) User’s violation of any applicable law, rule, or regulation, including without limitation laws governing communications, data privacy, or consumer protection; or
(i) any misuse of the Services, Messaging Services, or any related systems by User or any person acting on User’s behalf.
User agrees that this indemnification obligation applies regardless of whether such Claims arise in contract, tort, strict liability, negligence, or any other legal theory, and regardless of whether any Indemnified Party is alleged to have been negligent, except to the extent such Claim is finally determined by a court of competent jurisdiction to have resulted solely from the gross negligence or willful misconduct of CardSettlement.org.
CardSettlement.org shall have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by User, at User’s expense. In such event, User agrees to cooperate fully with CardSettlement.org in the defense of such matter and shall not settle any Claim without the prior written consent of CardSettlement.org.
User further agrees that CardSettlement.org may, in its sole discretion, settle any Claim subject to indemnification, and User shall remain fully responsible for all amounts paid in connection with such settlement, including attorneys’ fees and costs.
User acknowledges and agrees that the indemnification obligations set forth in this Section are a material term of these Terms, reflect a reasonable allocation of risk between the parties, and are necessary for CardSettlement.org to provide the Services.
This Section shall survive the termination, expiration, or suspension of these Terms and the User’s access to or use of the Services for any reason.
10. Intellectual Property; Ownership; Limited License; Restrictions
The Site and Services, including without limitation all content, software, technology, systems, designs, workflows, methodologies, processes, data structures, databases, user interfaces, documentation, communications, business methods, operational frameworks, forms, templates, claim workflows, payment workflows, messaging workflows, and all related intellectual property and proprietary materials, are and shall remain the sole and exclusive property of CardSettlement.org or its licensors.
Subject strictly to User’s full compliance with these Terms, CardSettlement.org grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services solely for their intended purposes. No ownership rights are transferred to User.
User shall not copy, reproduce, distribute, modify, reverse engineer, scrape, extract, decompile, disassemble, create derivative works from, or otherwise exploit any portion of the Site, Services, workflows, systems, content, or proprietary materials without the prior written consent of CardSettlement.org. User shall not use the Site or Services to develop, benchmark, support, or assist any competing or substantially similar service.
Any unauthorized use of CardSettlement.org’s intellectual property, workflows, systems, or proprietary materials shall constitute a material breach of these Terms and may result in immediate suspension or termination of access, in addition to all remedies available at law or in equity.
11. Miscellaneous; Governing Law; Assignment; Interpretation; Entire Agreement
These Terms, together with all Governing Documents, constitute the entire agreement between User and CardSettlement.org with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, understandings, or agreements, whether oral, written, electronic, or implied, relating to such subject matter. No amendment,
modification, or waiver of any provision of these Terms shall be effective unless made in writing and expressly authorized by CardSettlement.org.
These Terms and any Dispute arising out of or relating to the Site or Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles, except to the extent preempted by the Federal Arbitration Act.
CardSettlement.org may assign, transfer, delegate, or subcontract any of its rights or obligations under these Terms, in whole or in part, at any time, without notice to or consent from User. User may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of CardSettlement.org, and any attempted assignment in violation of this provision shall be null and void.
No failure or delay by CardSettlement.org in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect; provided, however, that if any provision materially affecting the allocation of risk or limitation of liability is found to be unenforceable, CardSettlement.org shall have the right to terminate these Terms and User’s access to the Services immediately.
Headings and section titles are provided for convenience only and shall not affect the interpretation or construction of these Terms. These Terms shall be interpreted without regard to any presumption or rule requiring construction against the drafting party, and User expressly waives any argument that ambiguities shall be construed against CardSettlement.org.
User agrees that all agreements, consents, disclosures, and communications provided electronically, including through the Site, email, or Messaging Services, satisfy any legal requirement that such communications be in writing, and User consents to the use of electronic records and signatures in connection with these Terms and the Services.
CardSettlement.org reserves the right, in its sole and absolute discretion, to modify, update, or amend these Terms at any time. Any such changes shall become effective upon posting to the Site or upon other reasonable notice to User, and continued use of the Services following such changes shall constitute acceptance of the modified Terms.
These Terms are intended solely for the benefit of the parties and do not confer any rights or remedies upon any third party, except as expressly provided herein.
Equitable Relief
User acknowledges that any breach of these Terms, including without limitation any misuse of the Site or Services or violation of CardSettlement.org’s intellectual property rights, may cause irreparable harm for which monetary damages may be insufficient. Accordingly, CardSettlement.org shall be entitled to seek injunctive relief or other equitable remedies without the requirement of posting bond or proving actual damages.
12. Disclaimers of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
CARDSETTLEMENT.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, CARDSETTLEMENT.ORG MAKES NO REPRESENTATION OR WARRANTY THAT:
(i) THE SERVICES WILL RESULT IN ANY PAYMENT, BENEFIT, OR FINANCIAL OUTCOME;
(ii) ANY CLAIM WILL BE APPROVED, IN WHOLE OR IN PART;
(iii) ANY PAYMENT WILL BE MADE WITHIN ANY PARTICULAR TIMEFRAME OR AT ALL;
(iv) ANY INFORMATION PROVIDED THROUGH THE SERVICES IS COMPLETE, ACCURATE, OR CURRENT;
(v) THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS;
(vi) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
(vii) THE SERVICES WILL MEET USER’S EXPECTATIONS OR REQUIREMENTS.
USER EXPRESSLY ACKNOWLEDGES THAT THE SERVICES OPERATE IN CONNECTION WITH THIRD-PARTY SYSTEMS, INCLUDING COURTS, CLAIMS ADMINISTRATORS, FINANCIAL INSTITUTIONS, AND TELECOMMUNICATIONS PROVIDERS, AND THAT CARDSETTLEMENT.ORG DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM OR RELATING TO SUCH THIRD PARTIES.
USER ASSUMES ALL RISK ARISING OUT OF OR RELATING TO THE USE OF THE SITE AND SERVICES.
13. No Duty to Notify; No Obligation to Provide Updates
TO THE FULLEST EXTENT PERMITTED BY LAW, CARDSETTLEMENT.ORG SHALL HAVE NO DUTY OR OBLIGATION TO PROVIDE USER WITH NOTICE OF ANY KIND, INCLUDING WITHOUT LIMITATION NOTICE OF:
(i) THE RECEIPT OF ANY FUNDS;
(ii) THE AVAILABILITY OF ANY PAYMENT;
(iii) THE STATUS OF ANY CLAIM OR SUBMISSION;
(iv) ANY DEADLINE, REQUIREMENT, OR ACTION REQUIRED BY THE USER;
(v) ANY RETURN OR FORFEITURE OF FUNDS; OR
(vi) ANY DEVELOPMENT, CHANGE, OR EVENT RELATING TO ANY SETTLEMENT.
USER ACKNOWLEDGES AND AGREES THAT CARDSETTLEMENT.ORG MAY, IN ITS SOLE DISCRETION, PROVIDE COMMUNICATIONS OR UPDATES THROUGH THE MESSAGING SERVICES OR OTHERWISE, BUT SHALL HAVE NO OBLIGATION TO DO SO AT ANY PARTICULAR TIME OR WITH ANY PARTICULAR FREQUENCY.
USER FURTHER ACKNOWLEDGES THAT FAILURE TO RECEIVE OR RESPOND TO ANY COMMUNICATION, WHETHER DUE TO USER INACTION, TECHNICAL FAILURE, OR ANY OTHER REASON, MAY RESULT IN DELAY, LOSS, OR FORFEITURE OF FUNDS OR RIGHTS, AND CARDSETTLEMENT.ORG SHALL HAVE NO LIABILITY FOR ANY SUCH OUTCOME.
14. Survival
The provisions of these Terms that by their nature should survive termination, expiration, suspension, or discontinuation of the Terms or the User’s access to or use of the Site or Services shall survive, including, without limitation, all provisions relating to:
● definitions
● acknowledgments and assumptions of risk
● disclaimers of warranties
● limitations of liability
● indemnification obligations
● dispute resolution and arbitration
● payment handling and distribution
● intellectual property
● no-reliance and no-duty provisions
● *and any other provision necessary to enforce the rights and obligations of the parties
All such provisions shall remain in full force and effect notwithstanding any termination, expiration, or suspension of these Terms or the Services.