LAST UPDATED ON SEPTEMBER 8, 2018
User Terms & Conditions of Use
EPOINT PAYMENT CORP and CELLFUNDS USA LLC, referred herein as “EPOINT/CELLFUNDS” collectively, is a provider and/or agent and/or program manager for certain payment and financial products and services (“Service/s”) offered to you through the EPOINT/CELLFUNDS Wallet from time to time. EPOINT/CELLFUNDS makes these products and services available to you by creating, hosting, maintaining and providing our approved Service to you via the Internet (WEB), mobile application (APP) and Interactive Voice Response (IVR), the WEB, APP, & IVR supported Services hereinafter jointly and severally referred to as “EPOINT/CELLFUNDS Wallet”.
This User Agreement (“Agreement”) is a contract between you and EPOINT/CELLFUNDS and applies to your use of any and all of the Services available through the EPOINT/CELLFUNDS Wallet. If you do not agree to follow the terms and conditions of this agreement, please do not use or access our EPOINT/CELLFUNDS WALLET or utilize any EPOINT/CELLFUNDS Service.
Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other CELLFUNDS WALLET websites and Services will be governed by the terms and conditions posted on those websites or made available through the mobile APP. For additional information about the Service and how it works, please also consult the EPOINT/CELLFUNDS Wallet support section or contact us.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “EPOINT/CELLFUNDS Wallet, “we “or” “our” will refer collectively to EPOINT PAYMENT CORP and CELLFUNDS USA LLC and its subsidiaries. Unless otherwise specified, all references to a “bank” in this Agreement include savings associations and credit unions, and all references to a “credit card” include Visa, MasterCard, or Discover branded debit cards.
1. Eligibility. In order to use the Service, you must register for an account. Users may only hold one account. Our Services are only available to individuals and are legally binding under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. Registration Obligations. In consideration of your use of the EPOINT/CELLFUNDS Wallet and any and or all of its related EPOINT/CELLFUNDS Services, you also agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service’s sign-up form (the “Sign-Up Information”) and (ii) where applicable and appropriate, maintain and promptly update the Sign-Up Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if EPOINT/CELLFUNDS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EPOINT/CELLFUNDS reserves the right to decline, suspend or terminate your EPOINT/CELLFUNDS account and refuse any and all current or future use of the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service. Furthermore, you also hereby agree to and permit EPOINT/CELLFUNDS to share any and all such Sign-Up Information with its third-party Financial Services partners in order to facilitate your invitation to access and use any such Financial Services in addition to expediting your access, use and enrollment in any such Financial Service program, as deemed appropriate by EPOINT/CELLFUNDS in its sole discretion.
3. The Legal Relationship between You and EPOINT/CELLFUNDS and/or EPOINT/CELLFUNDS Wallet and/or all EPOINT/CELLFUNDS Wallet third party service provider.
3.2 Agency Relationship. EPOINT/CELLFUNDS and the EPOINT/CELLFUNDS Wallet act solely as a facilitator to help you accept payments from and make payments to third parties. We act as a facilitator based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. EPOINT/CELLFUNDS will at all times ensure that your funds are held separately from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Neither EPOINT/CELLFUNDS or EPOINT/CELLFUNDS Wallet are or operate in any capacity as to imply they are a bank, money service bureau and the EPOINT/CELLFUNDS and EPOINT/CELLFUNDS Wallet Service/s are solely payment processing services rather than any form of regulated or unregulated banking service, and (ii) EPOINT/CELLFUNDS and/or EPOINT/CELLFUNDS Wallet are not acting as a trustee, fiduciary or escrow with respect to your funds, but are acting only as a facilitator and custodian. You are not required to carry a balance in your EPOINT/CELLFUNDS Wallet account in order to use the Service. If you do carry a U.S. Dollar balance in your EPOINT/CELLFUNDS Wallet account, EPOINT/CELLFUNDS’ partner Bank will pool your funds together with funds from other Users and will place those funds in accounts at one or more FDIC-insured banks. Those funds may be eligible for FDIC pass-through insurance. You agree that you will not receive interest or other earnings on the funds that EPOINT/CELLFUNDS Wallet handles as your facilitator. EPOINT/CELLFUNDS Wallet may earn interest on those funds or may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. By initiating and sending payments through the Service or adding funds to your balance, you appoint EPOINT/CELLFUNDS or EPOINT/CELLFUNDS Wallet as your facilitator to obtain the funds on your behalf and to make payments to the recipient that you designate or to a pooled account, subject to the terms and restrictions of this Agreement. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and the participating EPOINT/CELLFUNDS /CELLFUNDS’ Bank holds those funds as your facilitator, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled. By receiving payments through the Service, you appoint EPOINT/CELLFUNDS Wallet’s authorized bank partner as your agent to cause the funds to be deposited on your behalf in the pooled accounts until you further instruct said Bank with respect to the transmission of your funds. Through the EPOINT/CELLFUNDS Wallet app, website, IVR or associated Customer Support service, you may provide instructions to withdraw the funds, or make payments to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through EPOINT/CELLFUNDS Wallet, but you have not registered for the Service, EPOINT/CELLFUNDS Wallet’s authorized Bank will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment.
3.3.2. Fees payable by you will be deducted from your Epoint Wallet Account balance. Transaction fees will be charged when the transaction is as specified by the type of transaction.
3.4 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. You authorize EPOINT/CELLFUNDS Wallet, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on through WEB, APP or IVR may be difficult, EPOINT/CELLFUNDS Wallet cannot and does not guarantee any user’s identity.
3.5 Release. In the event that you have a dispute with one or more third party providers of EPOINT/CELLFUNDS Wallet Services and/or users, you release EPOINT/CELLFUNDS Wallet (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
3.6 No Warranty. We, our parent, subsidiaries, employees, agents, affiliates and our suppliers provide our services “as is” and without any warranty or condition, express, implied or statutory. We, our parent, subsidiaries, employees, agents, affiliates and our suppliers specifically disclaim and implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement. EPOINT/CELLFUNDS shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
3.7 Limitation of Liability. In no event shall we, our parent, subsidiaries, employees, agents, affiliates or our suppliers be liable for lost profits or any special, incidental or consequential damages, or this agreement (however arising, including, negligence) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability, and the liability of our parent, subsidiaries, employees, agents, affiliates or our suppliers, to you or any third parties in any circumstances is limited to the actual amount of direct damages.
3.8 Indemnification. You agree to indemnify and hold EPOINT/CELLFUNDS Wallet, its parent, subsidiaries, affiliates, officers, directors, employees, agents, affiliates and suppliers harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
3.9 Liability for Violations of the Acceptable Use Policy. If you engage in the following behavior, EPOINT/CELLFUNDS may fine you, as explained below.
Using the EPOINT/CELLFUNDS Wallet Service to receive payments for any sexually oriented or obscene materials or services in violation of EPOINT/CELLFUNDS Wallet’s Pornographic or Adult Oriented Policy, is Prohibited.
Using the EPOINT/CELLFUNDS Wallet Service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of local law in both the locality where delivery takes place and where your offices are located. This shall include Marijuana sales in States where it is legal, is Prohibited.
Using the EPOINT/CELLFUNDS Wallet service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity, is Prohibited.
Using the EPOINT/CELLFUNDS Wallet service to receive payments for any type of Human Trafficking or anything connected or associated to forthwith, is Prohibited. You and EPOINT/CELLFUNDS agree that the damages that EPOINT/CELLFUNDS will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors, Banks and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then EPOINT/CELLFUNDS may fine you $50,000.00 USD and/or EPOINT/CELLFUNDS may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $50,000.00 USD is presently a reasonable minimum estimate of EPOINT/CELLFUNDS damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to EPOINT/CELLFUNDS that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that EPOINT/CELLFUNDS is entitled to deduct such fines directly from any existing balance in the offending EPOINT/CELLFUNDS Wallet account, or any other EPOINT/CELLFUNDS Wallet account you are associated with. If you use the EPOINT/CELLFUNDS Wallet Service/s in a manner that violates the Acceptable Use Policy, including but not limited to the three categories described above, your account will be subject to limitation or immediate termination. You further understand that, if you use the EPOINT/CELLFUNDS Wallet Service in a manner that violates the Acceptable Use Policy, including but not limited to the three categories described above, EPOINT/CELLFUNDS may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers.
You agree that, if EPOINT/CELLFUNDS commences litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
4. Fees. All fees will be assessed in the currency of the payment. Additional information about EPOINT/CELLFUNDS Wallet’s and its associated Services fees is available upon request. Non-U.S. Users in some countries may not use the Service to receive payments and may only use the Service to send payments. If you are a Non-U.S. User, you warrant that you are violating no law or regulation by your use of EPOINT/CELLFUNDS Wallet.
5. Receiving Payments.
5.1 Funding Payments. All accounts must adhere to the laws enforced by the United States of America and the local laws of Personal Account Holders. Additional restrictions may be placed on accounts subject to Epoint Wallet Terms of Service and/or its participating Financial Service third party providers. No personal account can receive card account funded payments for the expressed purpose of transferring funds from one Personal Account to another Personal Account. Card and eWallet account funded payments are only allowed for the expressed purpose of loading a Personal Account while the card/eWallet holder is in the process of buying goods and/or services sold by Epoint and/or it’s Financial Service third party partners and/or its sub-merchants. Personal accounts may be loaded via ACH from a US based banking institution but only after the Personal Account has been verified; a direct payroll deposit and approved EPOINT/CELLFUNDS and/or Network (e.g. Visa Recharge, MasterCard RPPS, GreenDot) cash load network participating retailer. By accepting a payment, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a payment made to your account, we will reverse the payment and debit your EPOINT/CELLFUNDS Wallet account balance to pay for the reversal. If there are insufficient funds in your EPOINT/CELLFUNDS Wallet balance, you agree to reimburse EPOINT/CELLFUNDS through other means, as described in the Terms of Service.
5.2 Removal of Expired Cards. We will notify you of any expired debit cards associated with your account and provide you the opportunity to update those cards before we remove them as a funding source in your account.
6.2 Refused Payments. When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with EPOINT/CELLFUNDS Wallet. The recipient may return the payment or, in some cases, use the EPOINT/CELLFUNDS Wallet Service to deny payments that you send. Any payments sent through EPOINT/CELLFUNDS Wallet that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 30 days after the date the payment is sent. For more details and guidelines about Sending Payments, please refer to our Payments Policy.
7. Your Information and Restricted Activities
7.1 Definition. “Your Information “is defined as any information you provide to us or other users in the enrollment process, registration process, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
7.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e)violate EPOINT/CELLFUNDS Wallet’s Acceptable Use Policy; (f) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, time bombs cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (k) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers. If you use or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated, and you will be subject to damages and other penalties, including criminal prosecution where available.
7.4 Trademarks. EPOINT/CELLFUNDS , EPOINT/CELLFUNDS Payment Corp, www.epointpayment.com, www.epointwallet.com, EPOINT/CELLFUNDS WALLET, EPOINT/CELLFUNDS, EPOINT/CELLFUNDS USA LLC and all related logos, products and services described in this website are either trademarks or registered trademarks or service of EPOINT/CELLFUNDS Payment Corp and CELLFUNDS USA LLC and all trademarks, trade names and service marks of any participating Financial Service Provider and or any other non-Financial Service provider offers services to EPOINT/CELLFUNDS Wallet customers shall belong solely to such party and its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of EPOINT/CELLFUNDS /CELLFUNDS . In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EPOINT/CELLFUNDS and/or EPOINT/CELLFUNDS Wallet and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EPOINT/CELLFUNDS /CELLFUNDS.
Notwithstanding the above, HTML logos provided by EPOINT/CELLFUNDS through its Affiliate Marketing Program may be used without prior written consent for the purpose of directing customers to the EPOINT/CELLFUNDS Wallet Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to EPOINT/CELLFUNDS /CELLFUNDS or the EPOINT/CELLFUNDS Wallet or the Services. Logos may not be displayed in any manner that implies sponsorship or endorsement by EPOINT/CELLFUNDS /CELLFUNDS or EPOINT/CELLFUNDS Wallet. EPOINT/CELLFUNDS Wallet is a financial service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8. Access and Interference Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of EPOINT/CELLFUNDS /CELLFUNDS or the EPOINT/CELLFUNDS Waller or any activities conducted by EPOINT/CELLFUNDS /CELLFUNDS or the EPOINT/CELLFUNDS Wallet. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to EPOINT/CELLFUNDS /CELLFUNDS and the EPOINT/CELLFUNDS Wallet by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of EPOINT/CELLFUNDS or the appropriate third party. If you use or attempt to use the EPOINT/CELLFUNDS Wallet or Service/s for purposes other than making approved financial transactions or sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated, and you will be subject to damages and other penalties, including criminal prosecution where available.
10. Termination or Closing Your Account. You may close your account at any time by clicking the Close Account link in your Profile on the EPOINT/CELLFUNDS Wallet, website and/or via the designated link in your EPOINT/CELLFUNDS Wallet APP. Upon closure of an account, any pending transactions will be cancelled, any funds that are being held in custody for you at the time of closure, less any applicable fees, will be paid to you by in accordance with the Terms and Conditions of the agreement between you and the participating Bank partner; assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation – if an investigation is pending at the time you close your account, EPOINT/CELLFUNDS Wallet may continue to hold your funds for up to 180 days as appropriate to protect EPOINT/CELLFUNDS Wallet against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, EPOINT/CELLFUNDS Wallet will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
11. Remedies and CELLFUNDS WALLET’s Right to Collect From You Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account’s functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your EPOINT/CELLFUNDS Wallet account is deemed by EPOINT/CELLFUNDS Wallet, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the EPOINT/CELLFUNDS Wallet system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your EPOINT/CELLFUNDS Wallet account, transactions are not considered completed until the funds have been charged to the customer’s funding source (for payments) or posted to the customer’s bank account (for withdrawals). In addition, EPOINT/CELLFUNDS Wallet reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your EPOINT/CELLFUNDS Wallet account. Additionally, to secure your performance of this Agreement, you grant to EPOINT/CELLFUNDS Wallet a lien on and security interest in your account. In addition, you acknowledge that EPOINT/CELLFUNDS Wallet may set-off against any EPOINT/CELLFUNDS Wallet accounts you own for any negative balance in your other EPOINT/CELLFUNDS Wallet accounts, at any time and for any reason allowed by law. These obligations include both secured and unsecured debts, and debts you owe individually or together with someone else.
12. Assign Ability You may not assign any rights or obligations you may have under this Agreement without the prior written consent of EPOINT/CELLFUNDS Wallet. EPOINT/CELLFUNDS Wallet reserves the right to assign this Agreement or any right or obligation under this Agreement without your consent.
13. Legal Compliance You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
14.1 Electronic Communications. You agree that this Agreement constitutes “writing signed by you” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from EPOINT/CELLFUNDS Wallet in electronic form. Electronic Communications may be posted on the pages within the EPOINT/CELLFUNDS Wallet website and/or delivered to your e-mail address or text. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. EPOINT/CELLFUNDS Wallet reserves the right but assumes no obligation to provide Communications in paper format.
14.2 Credit Report. You agree that EPOINT/CELLFUNDS Wallet may in its sole discretion, order and review your credit report with the sole purpose of assessing your fitness to hold an EPOINT/CELLFUNDS Wallet account and/or your ability to use the Service or features thereof.
14.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to EPOINT Payment Corp, Attn: EPOINT/CELLFUNDS WALLET 11920 Southern Highlands Pkwy Suite 200, Las Vegas NV 89141 (in the case of EPOINT/CELLFUNDSWALLET) or to our online message center or the email address you provide to EPOINT/CELLFUNDSWALLET during the registration process (in your case). Notice shall be deemed given 24 hours after posted, SMS, or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to EPOINT/CELLFUNDSWALLET during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
15. Legal Disputes. In the event a dispute arises between you and EPOINT/CELLFUNDS WALLET, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and EPOINT/CELLFUNDS WALLET agree that any controversy or claim at law or equity that arises out of this Agreement or EPOINT/CELLFUNDS WALLET’s services (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, EPOINT/CELLFUNDS WALLET strongly encourages users first to contact EPOINT/CELLFUNDS WALLET directly to seek a resolution. EPOINT/CELLFUNDS WALLET will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
15.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or EPOINT/CELLFUNDS WALLET may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the US, EPOINT/CELLFUNDS Payment Corp shall pursue said Claims in the United States, within the State of NEVADA, in the county of Clark.
15.3 Alternative Dispute Resolution. EPOINT/CELLFUNDS WALLET will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the US or another location mutually agreed upon by the parties.
15.4 Violations of Section 14 All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 14, the other party may recover attorneys’ fees and costs up to $1,000.00 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
16. General This Agreement is governed by and interpreted under the laws of the State of Nevada. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by EPOINT/CELLFUNDS, in our sole discretion, to a third party in the event of a merger or acquisition. Epoint Payment Corp will act on behalf of Epoint Wallet and vice versa where jurisdiction applies. Headings are for reference purposes only and in no way, define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporate set forth the entire understanding between us with respect to the subject matter hereof. All Sections shall survive any termination or expiration of this Agreement.
17. Disputes. Disputes between you and EPOINT/CELLFUNDS and/or EPOINT/CELLFUNDS WALLET regarding our Services may be reported to Customer Support online through the EPOINT/CELLFUNDS WALLET Contact link at any time, or by calling 877-7EPOINT (877 737-6468) or email email@example.com write us at Epoint Payment Corp, Attention: Epoint Wallet, 11920 Southern Highlands Pkwy, Suite 200 Las Vegas NV 89141