These Terms of Service constitute a legally binding agreement between you and Ribbon Payments, Inc., a California Corporation (“Ribbon”) governing your use of www.Ribbon.co (“Ribbon.co” or the “Site”). By clicking the “I AGREE” button or (i) accessing or using any part of the Site, or (ii) initiating any transaction through the Site, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. Ribbon reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on ribbon.co.
Ribbon.co is an innovative payment platform that allows users to send and receive money online, on any device, using either a debit or credit card. Ribbon is not a party to any transaction between users. By initiating transactions, you authorize Ribbon to hold, receive and disburse funds from your credit card, debit card or U.S. bank account.
Use of Ribbon.co is limited to individuals who are 18 years of age or older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
In order to send and receive money through Ribbon.co, at least one participant in the transaction must establish a Ribbon Account and Profile through the online registration process. In creating an account, you must provide Ribbon with accurate and complete registration information, including a valid U.S bank account or credit card. You must promptly notify Ribbon if any information changes.
When you open a Ribbon Account, you will be asked to establish a unique username and password. Keep your password secure. You are fully responsible for maintaining the security of your password and account, and agree to notify Ribbon immediately if you believe your password or account may be, or has been, obtained, accessed or used by any unauthorized person or entity.
EACH USER ACKNOWLEDGED AND AGREES THAT: (i) RIBBON WILL NOT HAVE ANY LIABILITY TO ANY USER ARISING FROM THE UNAUTHORIZED USE OF YOUR USERNAME, PASSWORD OR RIBBON PROFILE; AND (ii) YOU COULD INCUR LIABILITY TO BOTH RIBBON AND OTHER USERS ARISING FROM THE UNAUTHORIZED USE OF YOUR USERNAME, PASSWORD OR RIBBON PROFILE.
Ribbon may, without notice to you, suspend or terminate your account at any time if we suspect, in our sole discretion, that your Ribbon Account or Profile is being used in an unauthorized, fraudulent manner or unlawful.
Ribbon Account & Profiles: Establishing a Ribbon Account & Profile is free.
Debit Cards: There is no charge for any debit card payments processed through the Site.
Credit Cards: A 3% processing fee will be imposed upon the sender of any credit card payment processed through the Site.
To ensure Ribbon runs smoothly, every new Ribbon Account starts out with a monthly cash-out limit of $500.00. After you verify your ID, your monthly cash-out limit is raised automatically to $10,000.00.
You can verify your ID through Ribbon after you log in to your Account by clicking on the “Verifications” link or at: http://ribbon.co/verify
You will be solely responsible for the payment of any and all local, state or federal taxes arising from, relating to, or connected with your receipt of funds through the Site.
Ribbon may be required to report to the IRS payments received by you through the Site if you receive more than (i) $20,000.00 in gross annual receipts, and (ii) 200 payments, in any calendar year. Qualified reportable income will be determined by looking at the Taxpayer Identification Number associated with your Ribbon Account.
All authorized transactions are binding between the sender and the recipient. All disputes pertaining to any transaction facilitated or processed on the Site are to be resolved directly between the persons or entities receiving or requesting the transfer of monies through the Site. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into in connection with their use of the Site.
In your use of the Site, you may not:
License: By posting, storing or transmitting any content on the Site, you hereby grant Ribbon a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.
Objectionable Content: Ribbon is not responsible for the content posted by its users. You are solely responsible for your interactions with other users of the Site and any content that you post. Ribbon shall not be liable for any damage or harm resulting from any content or your interactions with other users on the Site. Ribbon reserves the right, but has no obligation, to take any action to restrict or remove access to any content, objectionable or otherwise, posted by Ribbon.co users.
Ribbon may decide not to authorize or settle any transaction if we believe that the transaction is in violation of this Agreement or if we reasonably suspect that the transaction is related to an unauthorized, criminal or illegal purpose. If Ribbon reasonably suspects a transaction violates any local, state or federal law, you give Ribbon express authorization to share information about you, your account, the transaction, and the identity of any other parties to the transaction with law enforcement.
Non-Proprietary: Ribbon considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. Ribbon shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant Ribbon, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting to You.
Ribbon is available by email at firstname.lastname@example.org to address any issues you may have regarding your use of the site. Most concerns can be quickly resolved in this matter.
EXCEPT AS OTHERWISE STATED HEREIN, Any claim or controversy with Ribbon arising out of or relating to these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of these Terms of Service.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to Ribbon at the following address:Ribbon Payments Inc. 642 Harrison St Penthouse San Francisco, CA 94103
Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
Copyright: All materials on Ribbon.co, including, without limitation, Ribbon’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof, are either owned by Ribbon or are the property of its suppliers or licensors. You may not use such materials without permission. © 2014 Ribbon Payment System, Inc. ALL RIGHTS RESERVED
Trademarks: Ribbon.co and its logos are trademarks owned by Ribbon. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Ribbon. You hereby acknowledge that any use by you of such trademarks or trade dress is for the sole benefit of Ribbon and all goodwill generated by such use will inure to Ribbon. You may not use any of these trademarks, trade dress or trade names without Ribbon’s express permission.
Ownership and Use: Ribbon will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of Ribbon.co or these Terms of Service.
Your Content: Ribbon will not acquire an ownership interest in the material you post on Ribbon.co, but will acquire a non-exclusive license in accordance with Section 10.
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Ribbon’s Designated Agent as follows:
By Mail to:Ribbon's Payments Inc. 642 Harrison St Penthouse San Francisco, CA 94103
By Phone:(415) 857-0437
Automated Access: You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever without Ribbon's prior express written permission.
Interference: You agree that you will not: (i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on Ribbon's infrastructure; (ii) interfere or attempt to interfere with the proper working of Ribbon.co, services or tools; or (iii) bypass Ribbon's robot exclusion headers or other measures Ribbon may use to prevent or restrict access to Ribbon.co.
By Ribbon: Without limiting any other remedies, Ribbon may suspend or terminate its services and user Accounts and Profiles, restrict or prohibit access or your use of Ribbon.co, remove or restrict content, and/or take any technical or legal steps necessary if Ribbon: (i) suspects a user has breached these Terms of Service; (ii) is unable to verify or authenticate any of your Account or Profile information; (iii) believes that a user is acting inconsistently with the letter or spirit of Ribbon's policies, has engaged in improper or fraudulent activity in connection with Ribbon or that a user’s actions may cause legal liability or financial loss to Ribbon's users or to Ribbon; (iv) believes you are infringing the rights of third parties; (v) a user fails to pay any applicable transaction fees due to Ribbon under these Terms of Service; (vi) an account remains inactive for a period of at least six months; and/or (vii) if the credit card, debit card or U.S. Bank account associated with your Ribbon Account should be closed or terminated for any reason.
Effect of Termination: If your account is terminated for any reason, You shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to access or use your Ribbon Account or Profile.
Survival: The following Sections survive termination of these Terms of Service: Fees, Content, Disclaimers, Exclusions and Limitations, Release, Indemnity, and Arbitration.
Disclaimer of Warranties: To the extent permitted by applicable law, Ribbon provides its website and services on an “as is” and “as available” basis. Ribbon does not represent or warrant that Ribbon.co, its services or use (i) will be uninterrupted, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements or (iv) will operate in the configuration or with other hardware or software you use. Ribbon makes no warranties other than those made expressly in these Terms of Service, and hereby disclaims any and all implied warranties including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
Any third party links, services, goods, resources and information that Ribbon.co provides on or makes available on its website are not controlled by Ribbon. Accordingly, to the extent permitted by applicable law, Ribbon makes no warranties regarding third party services, goods, resources and information including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement and will not be liable for your use of or reliance on such third party services, goods, resources or information.
Exclusion of Damages: To the extent permitted by applicable law, Ribbon will not be liable to any user of the Site or Ribbon’s services for any consequential, incidental, indirect, punitive or special damages (including damages for lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of Ribbon.co or its services, based on any cause of action, even if advised of the possibility of such damages.
If you have a dispute with one or more Ribbon users, you hereby release Ribbon, its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”
You agree to hold Ribbon and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of Ribbon.co or its services.
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
You and Ribbon are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the substantive laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco County, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given by you pursuant to Section 15 (Individual Arbitration) under these Terms of Service will be in writing and delivered to Ribbon by certified U.S. mail, return receipt requested, to:Ribbon Payments Inc. 642 Harrison St Penthouse San Francisco, CA 94103
All notices pertaining to account issues, registration, password security and termination requests may be emailed to Ribbon at: email@example.com.
All notices by Ribbon will be sent to you at either the email or mailing address provided by you in connection with your Ribbon Account.
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.