PROMPTOPAY, INC DBA RANGUP® TERMS OF USE
Last Updated: September 15, 2022

Welcome to the RangUp® website, applications, mobile apps, and other tools (the “Site”). Thank you for visiting and learning more about RangUp®!

It is important to us that you, and our other visitors, have an enjoyable experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Site. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The registration and use of RangUp® services shall be subject to these terms and conditions, as modified from time to time. 

Summary of Contents

  1. You accept these Terms – Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you.
  2. Updates to Terms – These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
  3. Legal Capacity – You represent that you have the legal capacity to enter into the agreement set out in these Terms.
  4. Age – You represent that you are at least eighteen (18) years of age.
  5. You Must Provide Accurate Information – The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
  6. Online Privacy Notice – You agree to the terms of our Privacy Policy.
  7. Internet Browsers – We support only certain internet browsers.
  8. Disclaimer of Warranties – We disclaim warranties and provide the Site “As Is.”
  9. Limitation of Liability – Our liability is limited.
  10. Trademarks and Intellectual Property This Site is protected by copyrights, patents, trade secrets or other proprietary rights.
  11. Permitted Uses – We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.
  12. Submissions and Emails – We do not accept unsolicited ideas through your submissions and emails and will not pay for them.
  13. Invited Submissions – From time to time, we may invite you to submit content to the Site. We will not pay for invited submissions.
  14. Infringement Claims – If you believe that any content appearing on this Site infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email us admin@rangup.com.
  15. Responsible Use – You may only use the Site for lawful purposes.
  16. Release – You release us from any claims relating to third-parties.
  17. System Abuse – You may not abuse the system.
  18. Security – Your usernames and passwords for this Site are for your use only and you are responsible for their security.
  19. Security Violations – You may not tamper with this Site, the system for the Site or the accounts of others.
  20. Investigations – RangUp® reserves the right to investigate suspected violations of these Terms.
  21. Service – In order to use this Site, you must obtain access to the World Wide Web and pay any related fees for same. We are not responsible for your access to the Site.
  22. Reservation of Rights – RangUp® may modify or discontinue this Site at any time.
  23. Local Regulations – RangUp® makes no representation that the Site is available for use outside of the United States.
  24. Third Party Sites – We are not responsible for third parties or their content, advertisements, apps or sites.
  25. Proprietary online Services – Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such service.
  26. Jurisdictional Issues – The Site is designed to provide information regarding products in the United States.
  27. Choice of Law – New York law governs these Terms.
  28. How to Contact Us – RangUp® owns and operates this Site. You can contact us at admin@rangup.com or by mail: PromptoPay, Inc. 478 Albany Avenue PMB 34, Brooklyn, NY 11203

Terms:

  1. You Accept These Terms – If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
  2. Updates to Terms – Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
  3.  Legal Capacity – This is a general audience Site for adults. We will assume (and by using this Site you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
  4. Age – You represent that you are at least eighteen (18) years of age.
  5. The Information You Give Us Must Be Correct – To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
  6. Online Privacy Notice – Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
  7. Internet Browsers – Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 and higher, Chrome for iOS, and Chrome for Android.
  8. Disclaimer of Warranties – YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, RANGUP®, ITS PARENT COMPANY, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF RANGUP® RANGUP AND IT’S AFFILIATES, COLLECTIVELY, THE RANGUP® GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE RANGUP® GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RANGUP® GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE RANGUP® GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE RANGUP® GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL RIGHTS, OBLIGATIONS AND COVENANTS OF THE RANGUP® GROUP AND ANY RANGUP® CUSTOMER WITH RESPECT TO ANY RANGUP® PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
  9. Limitation of Liability – IN NO EVENT WILL THE RANGUP® GROUP, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF THE RANGUP® GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF THE RANGUP® GROUP, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.  NOTWITHSTANDING ANY OTHER PROVISION HEREIN, WE SHALL NOT BE LIABLE FOR, AND YOU SHALL NOT BE ENTITLED TO, ANY REFUNDS, CREDITS, OR ANY OTHER COMPENSATION, DAMAGES OR LIABILITY RELATING TO ANY TRANSACTIONS, USE OF OUR SERVICES AND/OR WEBSITE.  ANY REFUNDS, CREDITS, OR ANY OTHER COMPENSATION, DAMAGES OR LIABILITY MUST BE ADDRESSED EXCLUSIVELY WITH YOUR CREDIT CARD PROVIDER.  ALL TRANSACTIONS WITH OUR OUR SERVICE AND WEBSITE MAY ONLY BE MADE USING A STRIPE® STANDARD ACCOUNT AND SUCH TRANSACTIONS ARE GOVERNED EXCLUSIVELY  BY STRIPE’S® TERMS AND CONDITIONS FOR STANDARD ACCOUNTS.[1]
  10. Your Use of Material – Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited. You may access and display Material and all other content displayed on this Site for non-commercial, personal, or entertainment use and only to learn about RangUp®, its products and services. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by RangUp®. RangUp® transfers no right, title or interest in any content on the Site to you, whether as a result of your downloading or printing content or otherwise. Any authorization to copy Material granted by RangUp® in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. You may not use, alter, copy, distribute, transmit our Site content, or create another work based on that content, except in any case as expressly permitted by these Terms of Use.
  11. Submissions, Postings and E-mails – RangUp® is interested in hearing from you regarding your questions or comments about our Site; however, RangUp® does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of RangUp®.
  12. Invited Submissions – From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOUR BANK ACCOUNT INFORMATION AND YOUR TRANSACTIONS INFORMATION AND DATA AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
  13. Claims of Infringement – If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
    1. Your name, address, telephone number, and e-mail address;
    2. A description of the copyrighted work that you claim has been infringed;
    3. The exact URL or a description of each place where alleged infringing material is located;
    4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
    5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
    6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    7. RangUp copyright agent, PromptoPay, Inc. 478 Albany Avenue PMB 34, Brooklyn, NY 11203
  14. Responsible Use of Site – Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not RangUp®, and that you are responsible for all material you upload or otherwise transmit to or through this Site. You may not link or otherwise connect our Site or any content on our Site without our prior written permission to do so. You agree that you will not use this Site for any of these prohibited uses or purposes:
    1. Selling, reselling or offering for sale or resale any content or aspect of this Site;
    2. Bypassing any measures we use to prevent, restrict or otherwise limit access;
    3. Using the Site to send altered, deceptive or false information;
    4. Using the Site to intercept, collect or store personal information of others;
    5. Using the Site to spam or phish or otherwise impact the operation of the Site or the integrity of the use of the Site by RangUp® or others;
    6. Accessing, monitoring or copying any content or information on the Site, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
    7. Framing or otherwise incorporating all or any portion of the Site into any other site;
    8. Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Site;
    9. Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Site;
    10. Overloading or otherwise crashing or attempting to crash the Site; and
    11. Engaging in any high volume data transfers or bandwidth use through your use of the Site.
  1. Release – If you have a dispute with one or more users, you release us (and PROMPTOPAY, INC.), affiliates and subsidiaries, and our and their respective officers directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  2. System Abuse – Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
  3. Security – Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). RangUp® shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that RangUp® considers insecure, RangUp® will be entitled to require this to be changed and/or terminate your account.
  4. Violation of Security – You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RangUp® reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
  5. Investigations – RangUp® reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. RangUp® may seek to gather information from the user who is suspected of violating these Terms, and from any other user. RangUp® may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If RangUp® believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. RangUp® will fully cooperate with any law enforcement authorities or court order requesting or directing RangUp® to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE RANGUP® GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE RANGUP® GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE RANGUP® GROUP OR LAW ENFORCEMENT AUTHORITIES.
  6. Service – In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
  7. Reservation of Rights – RangUp® reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
  8. Local Regulations – RangUp® makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
  9. Third-Party Sites – This Site may link you to other sites on the Internet, such as Network Banks. These other sites are not under the control of RangUp®, and you acknowledge that (whether or not such sites are affiliated in any way with RangUp®) RangUp® is not responsible for the content of such sites. RangUp® cannot ensure that you will be satisfied with any services that you obtain from any third-party site that links to or from RangUp®. RangUp® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any of these third parties. You acknowledge and agree that if you use those links, you will be subject to that third party’s terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party’s website.
  10. Proprietary Online Services – Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
  11. Jurisdictional Issues – The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
  12. Choice of Law – With the exception of Section 10 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware.
  13. How To Contact Us – Email: admin@rangup.com. Mail: PromptoPay, Inc. 478 Albany Avenue PMB 34, Brooklyn, NY 11203.
  14. General – If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and RangUp® relating to the matters contained here and the Site.  If these Terms or your Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) except where required by law or for our archival purposes, we may immediately delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following Sections of these Terms survive and remain in effect in accordance with their terms upon termination:
  15. Arbitration – You agree that any and all disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST RANGUP®. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
    1. Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to RangUp® should be sent by mail to: PromptoPay, Inc. 478 Albany Avenue PMB 34, Brooklyn, NY 11203. Any Notice sent to you will be sent to the email address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party elects a small claims court, the dispute will be resolved in that forum and not through arbitration.
    2. Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “Desk/Documents Only” arbitration) (the “AAA Rules”), including Rule D-3(b), except the parties will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
    3. Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  [RangUp®] values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
    4. Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and  [RangUp®] also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
    5. Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create an Account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be mailed to: PromptoPay, Inc. 478 Albany Avenue PMB 34, Brooklyn, NY 11203 (please note that any correspondence not related to opting out sent to this PO Box will not receive a reply). This is the only way of opting out of this provision. Opting out will not affect any other aspect of these Terms, or the [Services], and will have no effect on any other or future agreements you may reach to arbitrate with us.
  16. Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts New York.