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Terms of Acceptance

Grant Recipient Agreement and Terms of Acceptance 

This Grant Recipient Agreement and Terms of Acceptance (“Agreement”) is between you and E4E Relief LLC (“E4E Relief”) concerning your use of the payment processing platform and services provided by E4E Relief through our banking partner Bank of America, N.A. (“Bank”), including all products content, features, technologies, or functions offered through online enrollment, a website, an application, application programming interface (API) or other mechanism (“Payment Processing Service”). 

 

1. Payment Processing Services. 

The Payment Processing Service provides a digital, online mechanism that allows you to enroll, select a mechanism for the payment of your relief grant and receive payment of that relief grant.   

 

2. Your Authorization, Agreement and Certification. 

By enrolling in or using the Payment Processing Service:

  1. You affirm that you are at least 18 years of age and legally capable of entering into this Agreement;

  2. You agree to be bound by the terms of this Agreement;

  3. You agree to and accept the terms of E4E Relief’s Privacy Policy  [accessible via the link here], which policy applies to your registration for the payment of a relief grant from E4E Relief and the use of the Payment Processing Services.

  4. You acknowledge and agree that the Payment Processing Service may be provided by E4E Relief, the Bank or both E4E Relief and the Bank.

  5. You authorize and consent to the collection, release, disclosure, storage, processing, review, and transfer to the United States by E4E Relief and the Bank, of any and all of your personal information, including, without limitation, name, address, telephone number, email address, banking information, current employment status, employee or personal ID, hire date, work location, and all such other information of whatever kind and character, which may be necessary or appropriate to review and process your grant payment and to provide the Payment Processing Services.

  6. You certify that you are experiencing or have experienced the distress or need described in your grant application.

  7. You hereby certify that you have done everything possible, including undertaking efforts to obtain the funds from other sources, to help yourself before applying for the relief grant.

  8. You further certify that the information provided and representations made in the grant application and any attachments to it were and remain true and correct 

 

3.    Enrollment in Payment Processing Services

In order to use some or all of the Payment Processing Services, you must first enroll by providing certain information, including but not limited to your name, email address and/or mobile number and banking information.  

You must elect payment options made available by the Payment Processing Service as part of the enrollment process. You acknowledge and agree that neither E4E Relief nor Bank is responsible for ensuring that the information provided by you in connection with the Payment Processing Service is correct or accurate.

You acknowledge and agree that E4E Relief or Bank may perform sanctions checks as either determines are needed from time to time. You acknowledge and agree that if you or a transaction fails the sanction checks process, E4E Relief or Bank may suspend or terminate your transaction, notify governmental authorities, seize funds targeted to you, and take any other action as E4E Relief or Bank deems necessary to block you from engaging in any transaction.

For legal reasons, all information you provide during the enrollment process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your banking information, mailing address, email address, telephone number, and other contact information that you provide up-to-date. We may refuse to provide or may discontinue providing Payment Processing Services to you at any time for any reason.

We treat all activities under Payment Processing Services enrollment and login to be those of you, the registered user. You must only use the Payment Processing Services to transact on your own account and not on behalf of any other person or entity.  

 

4.    Using The Payment Processing Services

You acknowledge and agree that the Payment Processing Service is designed to facilitate, and that you will only use the Service for, the processing and transmission of information and payments originated from the United States and disbursed to United States domiciled financial accounts  (including bank accounts and digital wallets). 

You will not use the Payment Processing Service to transact, lend, contribute, or otherwise make available funds to any individual or entity (“Person”), to fund any activities of or business with any Person, in any country or territory, that, at the time of such funding, is the subject of any sanctions administered or enforced by the United States Government (including the U.S. Department of
Treasury’s Office of Foreign Assets Control), the United Nations Security Council, or any other relevant sanctions authority, or in any other manner that will result in a violation by any Person (including any Person participating in the transaction) of any applicable law relating to the prevention of money laundering,  terrorism  or terrorist financing, the use of proceeds of crime, economic or political sanctions, or any other similar matter.

You agree that you shall not share login credentials with any other person, or with any third party. You shall notify E4E Relief if you believe your credentials may have been compromised. You assume full responsibility for the use and security of, and all activity occurring under, your login credentials, and for all data submitted to the Payment Processing Service. You shall indemnify, defend, and hold E4E Relief and Bank, their parent, affiliates, officers, directors, and employees harmless from and against any lawsuit, claim, liability, loss, penalty, or other expense (including attorney’s fees and cost of defense) arising from the use of you login credentials or the Payment Processing Service. 

E4E RELIEF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PAYMENT PROCESSING SERVICES UNDER THIS AGREEMENT INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE. E4E RELIEF IS NOT ACTING AS A WITHHOLDING AGENT ON YOUR BEHALF. NO REPRESENTATION MADE ON THE E4E RELIEF WEBSITE, AN E4E RELIEF USER GUIDE, OR SUPPORT MATERIALS OR CORRESPONDENCE WILL BE CONSTRUED AS A REPRESENTATION UNDER THIS AGREEMENT.

 

5.    Consent to Use and Disclose Personal Information (Including Account Information)

By accepting this Agreement, you consent to E4E Relief using and disclosing your personal information (including bank account information) to the Bank and other third parties for the following purposes:

  1. to prevent, detect, and protect against security incidents, fraud, and prohibited or illegal activities;

  2. to perform services (for us or our service providers) such as fulfilling transactions, verifying consumer information, providing analytic services;

  3. for internal research for technological improvement;

  4. for internal operations;

  5. to verify the existence of your financial account;

  6. to enforce our terms and conditions;

  7. to research and resolve issues related to transactions you sent or received;

  8. to debug to identify and repair errors that impair existing intended functionality;

  9. to notify you, by text or email, of a pending money transfer or a request for payment;

  10. to facilitate your enrollment and resolve issues relating to your enrollment;

  11. to verify your identity;

  12. to verify changes you’ve made to your personal information;

  13. to create and deliver marketing communications to you about E4E Relief;

  14. to create, develop, operate, deliver, maintain, and improve our products and services;

  15. for legal compliance;

  16. to respond to your requests and comply with your stated communication preferences;

  17. for authentication;

  18. to provide other services you request;

  19. for other one-time uses; and

  20. as otherwise permitted by the terms of our Privacy Policy.

 

6.    Consent to Emails and Automated Text Messages.

By using the Payment Processing Service, you represent to E4E Relief that you are the owner of the email address, the U.S. mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of that email address, mobile phone number, and/or other alias to receive money as described in this Agreement. You consent to the receipt of emails or text messages from E4E Relief and Bank, or their agents regarding the Payment Processing Service. You agree that E4E Relief, the Bank, or their respective agents may use automatic telephone dialing systems in connection with calling or text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

  1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees as Message and Data rates may apply.

  2. You will immediately notify us if any mobile phone number or email address you have enrolled is (i) surrendered by you, or (ii) changed by you.

 

7.    Liability for Sending and Receiving Money

Neither E4E Relief nor the Bank shall have any liability to you for any transfers of money, including without limitation, (i) any failure to complete a transaction in the correct amount, or (ii) any related losses or damages. 

Neither E4E Relief nor the Bank shall be liable for any typos or keystroke errors that you may make when using the Payment Processing Service. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENTERING THE CORRECT BANK ACCOUNT, MOBILE PHONE NUMBER OR EMAIL ADDRESS, AND THAT YOU, NOT E4E RELIEF OR THE BANK, ARE RESPONSIBLE FOR ANY AMOUNTS THAT ARE TRANSFERRED TO AN INCORRECT ACCOUNT AS A RESULT OF YOU ENTERING THE INCORRECT BANKING, MOBILE NUMBER OR EMAIL ADDRESS.

You acknowledge that neither E4E Relief nor the Bank shall have any liability for your failure to comply with the terms and conditions of your account agreement with your financial institution.

 

8.    Limitation Of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL E4E RELIEF OR THE BANK, THEIR DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PAYMENT PROCESSING SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PAYMENT PROCESSING SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE PAYMENT PROCESSING SERVICE DESCRIBED OR PROVIDED, EVEN IF E4E RELIEF OR BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PAYMENT PROCESSING SERVICE OR WITH THE TERMS OF THIS AGREEMENT, EXCEPT IN THE CASE OF ANY DIRECT DAMAGES CAUSED EXCLUSIVELY BY E4E RELIEF’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PAYMENT PROCESSING SERVICE.

 

9.    Governing Law; Choice of Law; Severability

This Agreement will be governed by and construed under the laws of the State of North Carolina, excluding only its conflict of law provisions, and shall inure to the benefit of E4E Relief, its successors and assigns, whether by merger, consolidation or otherwise. By using the Payment Processing Service, you hereby submit to the exclusive jurisdiction of the courts within the State of North Carolina and waive any jurisdictional venue or inconvenient forum objections to such courts (except as expressly set forth in Section 10 below, Agreement to Arbitrate and Class Action Waiver). You further agree to comply with any applicable federal, state and local laws in your use of the Payment Processing Service. If any provision of this Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

 

10.    Agreement to Arbitrate and Class Action Waiver.

ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY NOTICE, OR THE PAYMENT PROCESSING SERVICE MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVER BELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. Notwithstanding this Agreement to Arbitrate, you and we agree that if a dispute is otherwise within the jurisdiction of a small claims court of competent jurisdiction in a location where you reside, either you or we may require that the dispute be resolved on an individual basis in small claims court and not in arbitration. In small claims court, each party will be responsible for such fees and costs as determined by the court’s rules and orders.

You may opt out of this Agreement to Arbitrate, and the Class Action Waiver, by notifying us in writing of your intention to do so. Written notice should be provided to Legal Department, E4E Relief LLC, 401 N. Tryon Street, Suite 250, Charlotte, North Carolina 28202 AND MUST BE POSTMARKED WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS. Any opt-out request postmarked after that date will not be effective, and you will continue to be bound by the Agreement to Arbitrate, including the Class Action Waiver.

Arbitrations will be administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org, and they include detailed information about how to initiate an arbitration. Each party shall be responsible for paying its own attorney’s fees.

CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND E4E RELIEF WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER. THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONS EITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.

 

11. Receipt of Grant Payment

By accepting a grant from E4E Relief, I agree to the following: 1) All grant money received will be used solely for the specific expenses described in the application and will not be used for any purpose that violates any applicable law or regulation; 2) E4E Relief reserves the right to conduct an audit of my application and any grant resulting therefrom, and that E4E Relief has the right to obtain verification of any grant expenditures; 3) I agree to cooperate with E4E Relief in its audit and verification efforts and to provide E4E Relief with any documents requested pursuant to such audit and verification; 4) If I am located in the United States, I agree and acknowledge that if the grant awarded to me constitutes income under applicable law, I am responsible for reporting and payment of any federal, state and local income and other related taxes; 5) If I am outside of the United States, I agree and acknowledge that I am responsible for any country, state, province, local or  other related taxation or reporting requirements for receiving funds from a US charity that may be imposed; and 6) I agree and acknowledge that any and all grants are provided as gifts.

I agree that all information and data that I provide, and all notices and disclosures made or given in connection with this Agreement and the Payment Processing Service may be created, executed, delivered, and retained electronically. As such, I agree that this Agreement and any related documents may be signed electronically and that the electronic signature appearing thereon shall have the same legal effect for all purposes, including validity, enforceability, and admissibility, as a handwritten signature.

I understand that by typing my name  and checking this box, such constitutes my legal signature and confirms that I acknowledge and agree to the terms and conditions of the Grant Recipient Agreement and Terms Of Acceptance for the Payment Processing Service and that I am legally bound to comply with the same. I agree and acknowledge that my electronic signature is legally binding, valid, and enforceable.

Accept