The website located at https://www.rollfi.xyz/ (the “Site”) is a copyrighted work belonging to Priority Rollfi, LLC (“Rollfi”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
This Rollfi.xyz Terms of Use (the “Agreement”) set forth the terms and conditions that govern your use of the Site and constitute a legally binding agreement between the user of the Site (“you”, “your” and “yours”) and us. By accessing or using the Site, you are accepting this Agreement on behalf of yourself and/or the entity that you represent and its authorized representatives. You represent and warrant that (i) you have the right, authority, and capacity to enter into this Agreement on behalf of yourself and/or the entity that you represent and its authorized representatives; and that you are at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site.
By accepting this Agreement, you acknowledge and agree that Rollfi will collect, use, and disclose data furnished by you in accordance with the Privacy Policy of Priority Technology Holdings, Inc., the parent company of Rollfi (“Priority”), which can be located at https://prioritycommerce.com/privacy/ and is expressly incorporated into this Agreement.
THIS AGREEMENT REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Accounts
- 1.1 Rollfi Account Creation. In order to access and use certain features of the Site, you must register for an account (“Rollfi Account”) and provide certain information about yourself as prompted by the Rollfi Account registration form. You represent and warrant that: (a) all required registration information you submit is accurate, current, and complete; and (b) you will maintain the accuracy of such information. You may delete your Rollfi Account at any time, for any reason, by following the instructions on the Site. Rollfi may suspend or terminate your Rollfi Account in accordance with Section 9.
- 1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Rollfi Account login information and are fully responsible for all activities that occur in connection with your Rollfi Account. You agree to immediately notify Rollfi of any unauthorized use, or suspected unauthorized use of your Rollfi Account or any other breach of security. Rollfi cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- 1.3 Linking a Payment Method. Once you have created a Rollfi Account, you may link your depository account with a financial institution. As part of our services, we use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using our services, you grant Rollfi and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid's Privacy Policy (located at https://plaid.com/legal).
- 1.4 Additional Account Information.
- ~1.4.1 Services and Features. Once you have created a Rollfi Account and linked a working payment method, RollFi provides the following services listed in payroll terms found at https://www.rollfi.xyz/payroll-terms.
- ~1.4.2 Other Fees. In addition to the fees we charge for the services we provide, the following fees may be imposed on your Rollfi Account: A platform fee plus a per employee fee charged monthly which could be found in the Additional Required Disclosure. These fees are imposed on the business and not the individual.
- ~1.4.3 Contact. If you believe your Rollfi Account was accessed or used to make any transaction without your permission, or any transaction was made in error, please contact RollFi’s user support at support@rollfi.xyz.
2. Access to the Site
- 2.1 License. Subject to your compliance with this Agreement, Rollfi grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use in the U.S. as provided in this Agreement. In addition to the restrictions set forth elsewhere in this Agreement, the license granted herein terminates automatically if your Rollfi Account is terminated for any reason.
- 2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to this Agreement. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- 2.3 Modification. Rollfi reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Rollfi will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- 2.4 No Support or Maintenance. You acknowledge and agree that Rollfi will have no obligation to provide you with any support or maintenance in connection with the Site.
- 2.5 Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Rollfi or Rollfi’s suppliers or licensors, as applicable. Neither this Agreement nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Rollfi and its suppliers and licensors reserve all rights not granted in this Agreement. There is no implied license granted under this Agreement.
- 2.6 Notification Responsibilities. You are obligated to promptly notify Rollfi of any third-party notices you receive that may affect Rollfi’s ability to effectively provide any services (including the Payroll Services referenced and defined in the Payroll Terms, located at https://www.rollfi.xyz/payroll-terms) or increase the likelihood that a Claim (as defined in Section 4) is brought against you or Rollfi in connection with such services, including but not limited to (i) notices from the Internal Revenue Service or other government agencies regarding penalties or errors relating to any of Rollfi’s services; (ii) any notices from insurance carriers regarding eligibility, enrollment, payment, or any other communications affecting the contract of services with that insurance carrier to the extent relevant to the services provided by Rollfi to you; or (iii) claims that any part of the Site or the use thereof, or any services provided by Rollfi, infringes the intellectual property rights of any third party.
3. User Content
- 3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Rollfi. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Rollfi is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- 3.2 License. You hereby grant (and you represent and warrant to Rollfi that you have the right to grant) to Rollfi an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- 3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- ~3.3.1 You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- ~3.3.2 In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple Rollfi Accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- 3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Rollfi Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
- 3.5 Feedback. If you provide Rollfi with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Rollfi all rights in such Feedback and agree that Rollfi shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate without any notice or compensation to you. Rollfi will treat any Feedback you provide to Rollfi as non-confidential and non-proprietary. You agree that you will not submit to Rollfi any information or ideas that you consider to be confidential or proprietary.
4. Indemnification. You agree to indemnify and hold Rollfi, its affiliates, and their respective officers, directors, employees, agents, and permitted assigns harmless from and against any and all expenses, losses, liabilities, damages, fines, or costs, including reasonable attorneys’ fees, arising from any action, claim, counterclaim, demand, or proceeding made or brought by any third party as a result of (a) your use of the Site, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations or (d) your User Content (each a “Claim”). You shall be responsible for the defense or settlement of any such Claim; provided that Rollfi reserves the right, upon written notice to you, to assume the exclusive defense and control of any such Claim at your expense. As applicable, Rollfi and you will provide reasonable assistance and cooperate with the party defending the Claim with regard to such defense, at your expense. You agree not to settle any Claim without the prior written consent of Rollfi. Rollfi will use reasonable efforts to notify you of any such Claim becoming aware of it.
5. Verification. You agree that Rollfi has your permission to obtain, verify, and record information that identifies any individual who creates or otherwise accesses a Rollfi Account. Rollfi may from time to time request your name, address, date of birth, social security number, or other information (including identification documents such as a driver’s license) for identification purposes. Rollfi shall have full and absolute discretion to decline to offer any of its products and services for any lawful reason.
6. Third-Party Links & Ads; Other Users
- 6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Rollfi, and Rollfi is not responsible for any Third-Party Links & Ads. Rollfi provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
- 6.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Rollfi will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
- 6.3 Release. You hereby release and forever discharge Rollfi (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS OR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Terms and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Rollfi Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of your rights under this Agreement, your Rollfi Account and right to access and use the Site will terminate immediately. You understand that any termination of your Rollfi Account may involve deletion of your User Content associated with your Rollfi Account from our live databases. Rollfi will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Rollfi Account or deletion of your User Content. Even after your rights under this Agreement are terminated, any terms that are intended by the parties to, or by their nature must, survive expiration or termination of this Agreement shall so survive.
10. Consent to Share Certain Employee and Independent Contractor Information with Employer. If you are using the Site and a Rollfi Account in your capacity as an employee or independent contractor for a company that utilizes Rollfi’s Payroll Service, you acknowledge and understand that Rollfi acts as an intermediary between employers and their employees and/or independent contractors. You hereby authorize Rollfi to share with your employer any information that you have provided to Rollfi in connection with the Payroll Service.
11. Electronic Fund Transfers (EFTs) and Account Balances. Electronic Fund Transfers (EFTs). Priority, Rollfi’s parent company, through its wholly-owned subsidiary Finxera, Inc., a California corporation (“Finxera”), holds money transmission licenses that allow it to make payments on behalf of third parties. The Site is integrated with a proprietary software platform owned by Priority known as “Passport” that enables Priority’s customers to set up accounts (each, a “Passport Account”) to collect, store, and send money. All money transmission services relating to the Passport Account are provided by Priority, directly or through its subsidiary Finxera, Inc. (NMLS #1168701) or its authorized affiliates and contractors.
12. General
- 12.1 Changes. This Agreement are subject to occasional revision, and if we make any substantial changes or changes that materially affect your rights and obligations, we will notify you by sending you an e-mail to the last e-mail address you provided to us, if any, or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you, even if the e-mail address you have provided us is invalid; or thirty (30) calendar days following our posting of notice of the changes on our Site. Your continued use of the Site after such effective date will constitute your acceptance of, and your agreement to be bound by, such revised terms.
- 12.2 Dispute Resolution. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Rollfi and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- 12.2.1 Applicability of Arbitration Agreement. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: (i) this Agreement; (ii) the use of the Site; or (iii) the transactions made using the Site, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Fulton County, Georgia.
- ~12.2.2 Notice Requirement and Informal Dispute Resolution. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
- ~12.2.3 For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
- ~12.2.4 All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
- ~12.2.5 NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
- ~12.2.6 This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Rollfi Account to any other person or entity; or iv) closing of the Rollfi Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
- ~12.2.7 IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, EMAIL US AT support@rollfi.xyz TO CLOSE THE ROLLFI ACCOUNT.
- ~12.2.8 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- ~12.2.9 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- ~12.2.10 Jurisdiction; Venue. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the federal and state courts located in Fulton County, Georgia, for such purpose
- 12.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Rollfi, or any products utilizing such data, in violation of the United States export laws or regulations.
- 12.4 Consent to Use Electronic Signatures, Communications and Statements.
- 12.4.1 Your Consent to Electronic Communications and Electronic Signatures. To the fullest extent permitted by law, this Agreement, any application, privacy policies, account statements, notices, legal disclosures for your Rollfi Account, updates and changes to this Agreement, other service agreements, and other communications (collectively, “Communications”) from us to you regarding your Rollfi Account and related services provided by us may be provided to you electronically. By opening a Rollfi Account, you agree to the terms set forth in this Section 12.4 (the “E-Sign Disclosure”) and consent to (i) receive all such Communications in electronic form; and (ii) use electronic signatures. If you choose not to consent to this E-Sign Disclosure or if you withdraw your consent, you may be unable to use the Rollfi Account and the related services.
- 12.4.2 Methods of Providing Communications. Unless otherwise required by applicable law, or Rollfi otherwise agrees, Rollfi may provide Communications to you by (a) posting them on the Site; (b) notifying you through your statements; (c) sending a text message to the mobile phone number listed in your Rollfi Account profile; (d) sending an email to the email address in our record; or (e) delivering them in another electronic format. Charges by your telecommunication provider may apply to Communications sent by text or other electronic means.
- 12.4.3 Electronic Signatures. Rollfi may execute Communications electronically. If Rollfi requests, you will execute Communications electronically. You also agree that Communications you or Rollfi sign electronically will have the same legal effect as a signed physical document.
- 12.4.4 Hardware and Software Requirements. In order to access, view, sign and retain electronic Communications that Rollfi provides to you, you must have:
- An up-to-date device (e.g., computer, tablet, or mobile phone) which has internet access;
- A current, compatible web browser, including the current or immediately preceding version of Chrome, Internet Explorer, Firefox, Safari and Edge;
- A valid email account;
- An operating system on your device capable of receiving, accessing and displaying Communications in electronic form via text-formatted email or gaining access to the Site using a supported browser, including any necessary software (e.g., Adobe to read PDF documents); and
- If you wish to store or print any Communications, a device capable of storing and printing Communications.
- If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add relevant Rollfi email accounts to your email address book.
- 12.4.5 Accessibility. If you are having problems viewing or accessing any Communications, please contact Rollfi as provided in Section 12.7
- 12.4.6 How to Withdraw Your Consent. If you want to withdraw your consent to receive electronic Communications or electronic signature, you may do so by writing to Rollfi at the address provided in Section 12.7. Your withdrawal of consent to receive electronic Communications will be effective after Rollfi has had a reasonable period of time to process your withdrawal. By withdrawing your consent to electronic Communications, you will no longer receive them from Rollfi, but you may be disabling important security controls on your Rollfi Account, you may increase the risk of loss to your business, and your ability to use the services relating to the Rollfi Account may be adversely affected or terminated. If you withdraw your consent, you may be unable to use the Rollfi Account and the related services.
- 12.4.7 Requesting Paper Copies. You can request paper copies of electronic Communications from Rollfi by contacting customer service as provided in Section 12.7. In your request, please specify the Communication you would like to receive in paper form, and your current mailing address.
- 12.4.8 Updating Contact Information. It is your responsibility to keep your contact information, including your primary email address, current. You can update your primary email address and other contact information by logging into your Passport Account.
- 12.4.9 U.S. Federal Law. You acknowledge and agree that the Rollfi Account and all services related to it are subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you intend that the E-SIGN Act will apply to validate your ability to engage electronically in transactions related to the Rollfi Account and the related services.
- 12.4.10 Statements. Statements for services provided by Rollfi will be made available to you to view and/or print on the Site. We will send an email notification when the statements are available online on a periodic basis at approximately monthly intervals. The statements, in either paper or electronic form, will describe each item, date of transaction, and the respective amount for the period since the last statement period. The statements will be considered correct, and Rollfi will not have any liability to you, unless you notify us, by calling us or sending us an email as provided in Section 12.7, noting “Billing Error” on the subject line, of any errors within sixty (60) days of such statement becoming available.
- 12.5 Entire Agreement. This Agreement constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Rollfi is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Rollfi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Rollfi may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
- 12.6 Copyright/Trademark Information. Copyright © 2023 Rollfi, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 12.7 Copyright/Trademark Information. Copyright © 2023 Rollfi, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 12.8 Contact Information
Priority Rollfi, LLC
2001 Westside Parkway, Suite 155, Alpharetta, GA 30004Email: support@rollfi.xyz