Thank you for visiting www.betrlink.com (the “Website”). These Terms & Conditions are provided on behalf of BetrLink, LLC (“BetrLink”, “we”, “Company” or “us”) and apply to individuals who are residents of the United States and at least eighteen (18) years of age who have executed BetrLink’s Dedicated Account Agreement (“Customers”). BetrLink further refers Customers to their Dedicated Account Agreement for the terms, conditions, and disclosures that apply to their account with BetrLink. To the extent that these Terms & Conditions conflict with the Dedicated Account Agreement, the terms of the Dedicated Account Agreement control.

This Agreement contains a binding arbitration agreement. These Terms & Conditions affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. As a condition of using this Website, you agree that any disputes pertaining to information presented herein and use of the Website shall be resolved through binding arbitration and not in a court. You have the right to opt out of our agreement to arbitrate.

Partner Banks

BetrLink is a licensed money transmitter and not a Federal Deposit Insurance Corporation (“FDIC”) insured bank. FDIC insurance up to $250,000 only covers the failure of an FDIC-insured bank. Certain conditions must be satisfied for pass-through deposit insurance coverage to apply. Banking services are provided by our Partner Banks - Century Next Bank, Member FDIC, and Benchmark Bank, Member FDIC.

Privacy

Please review our Privacy Policy as your privacy is very important to us. This Privacy Policy explains how we treat your personal information and protect your privacy. We will not share or sell any of your information with any third party, except as specifically described therein.

Term and Cancellation

These Terms & Conditions remain in full effect until canceled by either party, as provided herein. BetrLink may cancel these Terms & Conditions or any aspect of the Service at any time. Any such termination will be without prejudice to any other rights that BetrLink may have against you arising from a violation of these Terms & Conditions or of the documents described herein.

You may cancel or terminate your account and use of the Website at any time. Cancellation or termination of your enrollment or account must be made by notifying BetrLink’s Customer Support at support@betrlink.com or 1.888.474.1832 (Mon-Fri, 9-5 Eastern).

By using this Website, you (the “User”) are agreeing to be bound by these Website Terms and Conditions (“Website Terms”) described below, regardless of whether you are a BetrLink Customer. IF YOU DO NOT WISH TO BE BOUND BY THESE WEBSITE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE. These Terms and Conditions are provided on behalf BetrLink, its affiliates. BetrLink further refers customers to their Dedicated Account Agreement for the terms, conditions, and disclosures that apply to their account with BetrLink. To the extent that these Terms and Conditions conflict with the Dedicated Account Agreement, the terms of the Dedicated Account Agreement control.

Eligibility

This Website is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Website Terms. If you are under 18, please exit this site now. Unauthorized use of the Website, including providing inaccurate information about yourself, unauthorized access of BetrLink's systems, and misuse of passwords or Website information is strictly prohibited.

If you violate any of these Website Terms or any other agreement between you and BetrLink, then BetrLink may restrict, suspend, or terminate your access to any portion or all of the Website without notice.

BetrLink Customer Portal

To use certain parts of the Website, you will need to activate your access to the BetrLink Customer Portal and you will be required to create a password. You may not disclose your password to any third party. The email address you provided on your Dedicated Account Agreement will be your username for our online portal. If you learn of any unauthorized use of your password or account, please contact us immediately at support@betrlink.com or 1.888.474.1832 (Mon-Fri, 9-5 Eastern).

Intellectual Property

You acknowledge and agree that all content, web pages, source code, calculations, products, materials, data, information, text, screen, functionality, services, design, layout, screen interfaces, “look and feel,” and the operation of the Website (collectively, “Site Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks, and you do not acquire any rights by downloading or viewing any Site Content.

You agree that BetrLink and all logos related to our products and services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate, or use them without our prior written consent.

Communications

You agree that BetrLink may provide you communications about your User account electronically, via BetrLink's Website, through phone calls, SMS or in writing. Standard mobile, message, or data rates may apply, and you are responsible for any such fees. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via SMS or other online notification).

By providing BetrLink with your email address, you authorize us to send emails to you or use other electronic means of communication to the extent permitted by law.

If you provide BetrLink with your cell phone number, then, to the extent available in your area, you authorize us to send SMS text messages to your cell phone number to provide account information and services regarding your account. BetrLink does not impose a separate charge to send or receive text messages. However, messages and data rates may apply from your wireless carrier. Please consult with your wireless carrier for applicable text messaging fees.

Additionally, we may contact you regarding your account, for purposes which include, but are not limited to, assisting you with completion of a transaction, addressing any technical problems associated with your account, or notification of transaction information.

To ensure that inquiries are handled promptly, courteously, and accurately, telephone calls, emails, text messages, chats and other communications between you and BetrLink may be monitored and recorded by BetrLink and any of our agents, assigns and service providers, to enhance service provided to you. You consent to this monitoring and recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. BetrLink may also archive your communications with BetrLink for regulatory and other purposes. You acknowledge and understand that, while your communications with BetrLink may be overheard, monitored, or recorded, not all communications may be recorded by BetrLink, and BetrLink does not guarantee that archives of particular communications will be retained or retrievable.

Use

You will not commit unauthorized use of BetrLink’s Website and systems including, but not limited to, unauthorized entry into BetrLink’s systems, misuse of passwords, or misuse of any information posted to a site; and you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, "spam" or any other such unsolicited overload technique.

You also agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements. You further agree that you will use the Website solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Website in any way.

User Representations

You represent, warrant and agree not to harvest or collect email addresses or other contact information of Users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.

You understand and acknowledge that the Internet is an inherently insecure medium and the reliability of hosting services, Internet intermediaries, your Internet service provider and other service providers cannot be assured.

When you use the Website, you represent, warrant and covenant that you accept these risks and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

Secured Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to legal action.

Disclaimer of Warranties and Release

No Warranties

All products, services, and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. BetrLink specifically disclaims any duty to update the information on the Website and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Website. BetrLink does not guarantee that the Website will operate error-free or that the Website, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Website, or rely on the information presented on it, you do so solely at your own risk.

BetrLink does not endorse and is not responsible for the accuracy, timeliness, or reliability of any document or information provided through the Website by any party other than BetrLink.

Release of BetrLink

If you have a dispute with the debt settlement provider or any of its agents or service providers, other than BetrLink, you release BetrLink from any and all claims, demands 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, for example, California Civil Code § 1542) 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.

Indemnity

By using the Website, you agree to defend, indemnify, and hold harmless BetrLink from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that BetrLink may become obligated to pay arising or resulting from your use of this Website or your breach of these Website Terms. Nothing in these Website Terms shall affect any non-waivable statutory rights that apply to you. BetrLink reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BetrLink’s defense of such matter.

Limitation of Liability

You agree that all access and use of this Website is at your own risk. BetrLink does not and will not have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Website. You agree that you, and not BetrLink, will bear the entire cost of all servicing, repair, correction, or restoration that may be necessary for your data, software programs, or computer equipment because of any viruses, errors, or other problems you may have as a result of using or visiting this Website.

WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS, OR DELAYS IN THE OPERATION OR TRANSMISSION OF ANY PRODUCT, AND/OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE AND/OR THE SERVICES. UNDER NO CIRCUMSTANCES WILL BETRLINK BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY PRODUCTS, THESE WEBSITE TERMS OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR IF BETRLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF SERVICE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN

Severability

You agree that any if provision of these Terms & Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms & Conditions and shall not affect the validity and enforceability of such other provisions.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website. Our Website is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Website. You agree to be solely responsible for your actions and the contents of your transmissions through the Website. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms & Conditions and to use the Website in accordance with these Website Terms.

BetrLink, LLC, the owner of this Website is located in the State of New York. These Terms & Conditions and the relationship between you and BetrLink shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Website or the Site Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Website or the Site Content must be filed within one year after such claim or cause of action arose or be forever barred. If you have any questions about these Terms & Conditions, please contact us by email at support@betrlink.com or by mail at:

Dispute Resolution (Arbitration and Class Action Waiver)

Agreement to Arbitrate for BetrLink Customers

Unless you opt out as set forth in your Dedicated Account Agreement, if we have a dispute and are not able to resolve the dispute informally, you and BetrLink agree that upon demand by either you or BetrLink, the dispute will be resolved through final and binding arbitration as governed by the Federal Arbitration Act (“FAA”). A “claim” or "dispute" is any unresolved disagreement arising from or relating in any way to the Agreement (including, but not limited to, the validity of this section, any renewals, extensions, addendums or modifications) or the relationship between us. It includes any disagreement relating in any way to services, your Account, or any other matters; or to any means you may use to access your Account. Any claims or disputes arising from or relating to the advertising of BetrLink's services, the application for, or the approval or establishment of your Account are also included. Claims are subject to arbitration; regardless of what theory they are based on, whether they seek legal or equitable remedies, or whether they are common law or statutory (federal or state) claims. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.

YOU AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL AND TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF EITHER YOU OR BETRLINK ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT: (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS (UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT). NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN YOU AND/OR BETRLINK, INDIVIDUALLY. The arbitration shall take place in the federal judicial district in which you reside, unless the parties agree to a different location in writing. The Arbitration, including the selection of the arbitrator, shall be administered by the Judicial Arbitration Mediation Services (“JAMS”), 1920 Main Street, Suite 300, Irvine, CA 92614 (www.jamsadr.com), or the American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org). You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating arbitration by contacting JAMS or AAA. In the event that JAMS and the AAA are each unable to handle the dispute or claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator, selected by agreement of the parties pursuant to the AAA rules of procedure. Arbitration shall be administered in accordance with such forum's rules and procedures. To the extent that there is any variance between the selected forum's rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute. Judgment on the arbitration award may be entered in any court having jurisdiction. If a party fails to comply with the arbitrator's award, the other party may petition a court having jurisdiction to enforce the award. Costs of the arbitration shall be in accordance with the rules of the forum used. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other costs, regardless of who prevails, but the arbitrator will have the authority to award attorneys' and expert witness' fees and costs to the extent permitted by the Arbitration Agreement, the forum's rules or applicable law. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator's award or unsuccessfully challenges the arbitrator's award, the other party is entitled to any costs and expenses incurred, including reasonable attorneys' fees. No arbitrator or party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation.

You may opt out of this Arbitration Agreement to resolve any claim or dispute by arbitration. To opt out of this Arbitration Agreement, you must send us written notice of your decision within forty-five (45) days of the opening of your account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement. It also must include your name, address, account number and your signature. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.

If any part of this Arbitration Agreement is deemed or found to be unenforceable for any reason, the remainder shall be enforceable.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between BetrLink and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against BetrLink only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Waiver and Severability

Our failure to act with respect to a breach of any of your obligations under this agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. Further, any waiver of any provision contained in these Terms & Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms & Conditions. If any provision in these Terms & Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Assignment

You may not assign these Terms & Conditions (by operation of law or otherwise) without the prior written consent of BetrLink, and any prohibited assignment will be null and void. BetrLink may assign these Terms & Conditions or any rights hereunder without your consent.

Website and Terms Subject to Change

We reserve the right to change these Terms & Conditions by posting a revised agreement. If you don't agree with these changes, you must stop using the Website. The information on the Website is subject to change without notice.

Contacting Us

If you have any questions regarding these Terms & Conditions, please contact us by email at support@betrlink.com or by mail at: