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Terms of Service | Weekly Pay | Educators | Flexible Paycheck Solutions

Terms of Service

(Last Updated December 5, 2021)

Welcome to Flexible Paycheck Solutions! The Terms of Service between you and Flexible Paycheck Solutions LLC are considered a legal agreement that is tailored to govern your use of our products and services.

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, SERVICES, OR PRODUCTS YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE OUR WEBSITE, SERVICES, OR PRODUCTS. Additionally, you may not utilize our website, services or products, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Flexible Paycheck Solutions; (b) you are prohibited by law from receiving or using our website, service or products; or (c) you are not a U.S. resident.

Moreover, by accepting these Terms of Service, you elect to agree and comply, which includes an agreement to resolve disputes in small-claims court. You also agree with the following policies and procedures:

  • Privacy Policy
  • Electronic Disclosures Consent (E-Sign)
  • Acceptable Use Policy 
  • Digital Millennium Copyright Act
  • User Generated Content

We may revise these Terms of Service and any of the policies listed above periodically, which will be effective at the time of posting. We will notify you of any changes to these forms and/or the Terms of Service in general. Continuance of using our website, services, and/or products after any changes have become effective means you agree to abide and be bound by these changes. If you do not agree with any changes to the Policies, you may terminate your services with Flexible Paycheck Solutions.

SIGNING UP WITH FLEXIBLE PAYCHECK SOLUTIONS

You may only have one account with Flexible Paycheck Solutions. To create an account, you must be a resident of the United States or one of its territories, be at least 18 years old, have a Verified Employer, and use your own cellular/wireless telephone number and/or email address.

You acknowledge that you must keep confidential any credentials you use to access your Flexible Paycheck Solutions account. Your phone number, email address, and other contact information must be kept current in your account profile. If you believe that either your credentials or a device that you use to access the website, services, or products has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at info@flexpaysolutions.org. 

You also agree to provide accurate Profile information, including, as applicable, your name, physical address, and email address. Please update all your Profile information whenever the information provided to us is no longer accurate. You can update your Profile information by clicking on the settings link after you login. If you need help in changing your Profile information, please email us at info@flexpaysolutions.org.  You also agree to provide accurate Bank Account information, and promptly update it whenever the information is no longer accurate. Note that we are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile information current.

TERMINATING YOUR FLEXIBLE PAYCHECK SOLUTIONS ACCOUNT

You may close your account and terminate your relationship with us without termination fees only during your open enrollment. However, if we have been unable to recoup payment of a Cash Out from Flexible Paycheck Solutions, you will be unable to use the website, services or products, even if you reactivate your account and sign up again, until we are able to recoup any unreimbursed Cash Outs.

FLEXIBLE PAYCHECK SOLUTIONS SERVICES

Once we have verified the required information provided to us by you, you will be able to begin using Flexible Paycheck Solutions website, services, and products. Additionally, if we have not verified the Required Identifying Information that you have provided to us, you have not provided all the Required Identifying Information, or you have not completed the account registration process, you may be unable to use Flexible Paycheck Solutions’ website, services, or products.

FEES OR CHARGES

There is a 4.5% fee to cash out weekly pay while using the Flexible Paycheck Solutions’ services and products. These fees are subject to change (increase and/or decrease), as the Terms of Service are updated periodically. You will be notified of any changes to these fees and/or terms in general.

YOUR USE OF THE SERVICES​

You may only use Flexible Paycheck Solutions’ website, services, or products for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of our website, services, or products must comply with all applicable laws. If your use of the website, services, or products is prohibited by applicable law, then you are not authorized to use said services. We are not responsible if you use the website, services, or products in any manner that violates applicable law.

Flexible Paycheck Solutions allows your weekly pay out to occur on the Friday of each week. When you request your payout, you warrant that the earned wages being cashed out are just and due to you and that you have not received payment for such wages or any part of the wages from anyone else.

You represent and warrant that you have the right to authorize Flexible Paycheck Solutions and/or our financial institution to credit and debit your Bank Account for credits you request and payments you authorize under these Terms of Service, and you agree to indemnify and hold us and/or your financial institution harmless from any claims by any other owner of the account.

DEBITS AND CREDITS

Weekly pay outs that are advanced from your monthly paycheck will be direct deposited to your Bank Account on Friday of each week. Flexible Paycheck Solutions will receive our payback by your verified employer on a monthly basis. You agree to paying a 4.5% fee from your weekly pay out to advance your monthly check and get paid earlier.  

Our authorization to initiate debit and credit entries to your Bank Account and to your Flexible Paycheck Solutions account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting info@flexpaysolutions.org at least 30 business days before the day the transaction is scheduled and you stop using the website, services, or products. Your paycheck is advanced in order to pay you weekly, which is why a notice of at least 30 days prior to your next paycheck is required to revoke authorization and/or terminate service.  Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Flexible Paycheck Solutions. Flexible Paycheck Solutions is not responsible for any third-party fees or costs that you may incur based on the timing of authorization revocation.

MODIFICATION TO WEBSITE OR SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Flexible Paycheck Solutions website, services, or products with or without notice. We reserve the right to change the Services and Terms of Service, including applicable fees, at our sole discretion and from time to time. In such event, if you are a member and such changes are material, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the website, services, or products, you may stop using them. Your continued use of the website, services, or products after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Flexible Paycheck Solutions will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the website, services, or products.

RIGHTS YOU GRANT TO US

By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content to us through the Flexible Paycheck Solutions Services, you are licensing that content to us solely for the purpose of providing such Services. Flexible Paycheck Solutions may use and store the content for the purpose of providing our services or products to you. 

By using the Site and the Services and providing Profile information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases that may be necessary to provide the services. We make no effort to review such information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you. YOU ACKNOWLEDGE AND AGREE THAT WHEN FLEXIBLE PAYCHECK SOLUTIONS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FLEXIBLE PAYCHECK SOLUTIONS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services.

FLEXIBLE PAYCHECK SOLUTIONS’ INTELLECTUAL PROPERTY RIGHTS

All content included or available in connection with the Site, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by Flexible Paycheck Solutions, the licensors or suppliers of Flexible Paycheck Solutions, and is protected by U.S. and international copyright and other intellectual property laws. You may not copy, imitate, modify or use them without our prior written consent. All rights, title and interest in the Content is hereby reserved. Without limiting the foregoing, no Content on the Site or in the Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Flexible Paycheck Solutions. You may not alter or modify or change Flexible Paycheck Solutions’ Content in any way, use them in a manner that mischaracterizes Flexible Paycheck Solutions, or display the Content in a manner that implies Flexible Paycheck Solutions’ sponsorship or endorsement.

Any feedback, questions, comments, suggestions, ideas, or the like that you send to Flexible Paycheck Solutions will be treated as being non-confidential and nonproprietary, and Flexible Paycheck Solutions will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.

NO LEGAL, TAX, OR FINANCIAL ADVICE

Flexible Paycheck Solutions’ services and products are not intended to provide legal, tax, or financial advice. Additionally, we are not a broker, financial planner, or tax advisor and do not make any representations, warranties, or guaranties of any kind that our services or products are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL FLEXIBLE PAYCHECK SOLUTIONS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS (COLLECTIVELY, the “FLEXIBLE PAYCHECK SOLUTIONS  PARTIES”), BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR PRODUCTS, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF THE FLEXIBLE PAYCHECK SOLUTIONS  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, THE FLEXIBLE PAYCHECK SOLUTIONS PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO U.S. $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.

GOVERNING LAW & FORUM FOR DISPUTES

Any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, any marketing that led to consummation of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, regardless of whether they arise from contract; tort (intentional or otherwise); consumer protection laws; a constitution, statute, common law, or principles of equity; or otherwise will be governed by the laws of the State of Georgia without regard to its conflict or choice of laws provisions. Any dispute with Flexible Paycheck Solutions or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service will be resolved exclusively through the small-claims court of the Superior Court of Georgia within the county of Henry, Georgia, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Flexible Paycheck Solutions is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.

You also acknowledge and understand that, with respect to any dispute with Flexible Paycheck Solutions, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Service:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES

You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by us to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the website, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

  • these Terms of Service and any amendments, modifications, or supplements;
  • records of any payment and other transactions you handle through the website, services, or products, including payment histories and transaction confirmations;
  • disclosures or notices provided in connection with the website, services, or products, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
  • any customer service communications, including communications with respect to claims of error or unauthorized use of the website, services or products; and
  • any other communication related to the website, services or products.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the website, services, or products.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting info@flexpaysolutions.org or using live chat with the Flexible Paycheck Solutions team via the website, and stop using all services or products. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

For all of Flexible Paycheck Solutions Services, you agree that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as an original signature.

ACCEPTABLE USE POLICY

As a condition of your use of the website, services or products, you represent and warrant to us that you will not use Flexible Paycheck Solutions’ Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not:

  • use the website, services, or products in any manner that could damage, disable, overburden, or impair their original purpose;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website, services, or products;
  • access the website by any means other than through the interface that is provided by Flexible Paycheck Solutions for use in accessing the website;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the website, services, or products; or
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the website, services, or products.

If we, in our sole discretion, have reason to believe that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect ourselves, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

  • we may close, suspend, or limit your access to your account or ability to use the website, services or products;
  • we may update inaccurate information you provided us;
  • we may decline to allow you to use the website, services or products in the future;
  • we may take legal action against you;
  • we may hold you liable to Flexible Paycheck Solutions for the amount of damages caused by your violation of these Terms of Service.

MISCELLANEOUS

All covenants, agreements, representations, and warranties made in these Terms of Service will survive your acceptance of these Terms of Service and the termination of these Terms of Service.

These Terms of Service represents the entire understanding and agreement between you and Flexible Paycheck Solutions regarding the subject matter of the same, and supersedes all other previous agreements.

Flexible Paycheck Solutions, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.

CONTACTING US

If you have questions regarding these Terms of Service or the practices of Flexible Paycheck Solutions, please contact us at info@flexpaysolutions.org or using live chat with the Flexible Paycheck Solutions team via the website.