By participating in WebPowerfx® prepaid card services, you consent and agree to these Terms of Use. To find out more about WebPowerfx® prepaid card services, click here.

1. PRIVACY

By participating in WebPowerfx® prepaid card services you expressly authorize the collection and use of your Personally-identifiable information as set forth in the Privacy Policy, as well as the disclosure, storage, processing, and use by and between WebPower, Inc. ("WebPower") and the third party financial institution providing the prepaid card services.

2. COPYRIGHTS AND TRADEMARKS

The compilation of all content on this website is the exclusive property of WebPower or its licensors and is protected by U.S. and international copyright laws. WebPowerfx® and other related trademarks are the property of WebPower.

3. NO PROFESSIONAL ADVICE

Advisory services and information presented on this website do not necessarily reflect those of WebPower. WebPower does not refer, endorse, recommend, verify, evaluate or guarantee any of the advice, information, or other products or services available through the third party financial institution providing the prepaid card services and nothing published herein shall be considered as a referral, endorsement, recommendation, or guarantee of such third party financial institution. The advice and information published on or through WebPowerfx.com is not intended to be used as, and does not act as a substitute for, professional financial advice.

4. ACCOUNT INFORMATION

You agree to provide accurate, complete, and current account information. You further agree to only provide account information over which you have direct control and authorization, and not to provide account information belonging to any third party. Failure to provide accurate and authorized account information, or provision of false or unauthorized account information, shall constitute a breach of these Terms of Use and may result in immediate termination; you may also be subject to civil and criminal liability. In addition, you agree that you are liable for all transactions made by any party that you authorize or permit to use your prepaid card and/or prepaid card bank account. You agree to promptly notify WebPower and the third party financial institution providing the prepaid card services in the event of any loss, compromise, or theft of your prepaid card and/or prepaid card bank account.

5. THIRD PARTY FINANCIAL INSTITUTION

As a part of the services offered on or through this website, you will be automatically linked to a third party website which is owned and operated by the financial institution responsible for providing you prepaid card services. You consent and agree that WebPower is not responsible for your revenue once your revenue has been submitted by WebPower to the third party financial institution providing the prepaid card services. By participating in the WebPowerfx® prepaid card services, you hereby consent and agree that you will be subject to the financial institution's express fees, terms, and conditions for your use of, and access to, your prepaid card bank account and all revenues submitted by WebPower to such account. If these Terms of Use are inconsistent with the third party financial institution's terms and conditions, these Terms of Use will prevail as the governing terms with respect to your WebPower-related rights and obligations. You acknowledge and agree that these Terms of Use do not and are not intended to confer any rights or remedies upon any third party, including without limitation the financial institution providing the prepaid card services. With respect to accessing your prepaid card bank account and/or revenue already submitted to your prepaid card bank account by WebPower, such access shall be governed by the express terms of the Prepaid Cardholder Agreement in effect between you and the financial institution providing such prepaid card services (see applicable agreements: Prepaid Visa Card Cardholder Agreement, or Prepaid Debit Card Cardholder Agreement).

6. WARRANTY DISCLAIMERS

BY PARTICIPATING IN WEBPOWER'S PREPAID CARD SERVICES YOU UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THIS WEBSITE AND/OR THE PREPAID CARD SERVICES IS AT YOUR OWN RISK. THIS WEBSITE AND THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBPOWER EXPRESSLY DISCLAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

B. WEBPOWER MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE OR THE PREPAID CARD SERVICES WILL (1) MEET YOUR REQUIREMENTS; (2) BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE; OR (3) BE ACCURATE, TIMELY, USEFUL, OR RELIABLE.

C. ALL THIRD PARTY WEBSITES, PRODUCTS, AND/OR SERVICES ACCESSED ON OR THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE AND/OR THE PREPAID CARD SERVICES, OR THROUGH OR FROM WEBPOWER OR ANY OTHER PARTY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

7. LIMITATION OF LIABILITY

BY PARTICIPATING IN WEBPOWER'S PREPAID CARD SERVICES YOU UNDERSTAND AND AGREE THAT:

A. WEBPOWER IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE PREPAID CARD SERVICES, PREPAID CARD AND/OR PREPAID CARD BANK ACCOUNT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REVENUES AND/OR PERSONALLY-IDENTIFIABLE INFORMATION, TRANSMISSIONS, OR DATA; (4) RELIANCE ON CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE PREPAID CARD SERVICES, PREPAID CARD, AND/OR PREPAID CARD BANK ACCOUNT. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WEBPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL WEBPOWER'S DIRECT CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).

B. WEBPOWER IS NOT LIABLE FOR FEES YOU MAY BE CHARGED BY ANY PARTY ON ANY TRANSACTION FOR WHICH YOU HAVE INSUFFICIENT FUNDS ON YOUR PREPAID CARD AND/OR IN YOUR PREPAID CARD BANK ACCOUNT.

C. WEBPOWER IS NOT LIABLE FOR THE FAILURE OF ANY MERCHANT OR ATM OWNER TO ACCEPT OR HONOR YOUR PREPAID CARD AND/OR YOUR PREPAID CARD BANK ACCOUNT.

D. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

E. BOTH PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE AND/OR WEBPOWER'S SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

8. INDEMNITY

You agree to defend, indemnify, and hold WebPower, as well as WebPower's affiliated entities, officers, directors, employees, consultants, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and/or expenses (including without limitation attorney's fees and costs) arising from (a) your use of, or access to, the prepaid card services, prepaid card, and/or prepaid card bank account; (b) your violation of any terms stated in these Terms of Use; and (c) your relationship with the third party financial institution providing the prepaid card services. This defense and indemnification obligation will survive the Terms of Use and your use of the prepaid card services.

9. INTERNATIONAL USE AND USERS

Notwithstanding the global nature of the internet, you agree to comply with all applicable laws of the jurisdiction from which you access and use the prepaid card services. Certain U.S. export control laws prohibit the nationals of Burma (Myanmar), Cuba, Iran, and Sudan from gaining access to, and/or use of, the prepaid card services, the prepaid card, the prepaid card bank account and/or this website. At all times, you represent and warrant that you are not an individual, organization, or entity listed on The Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons list, as published and updated by the U.S. Department of The Treasury.

10. CALIFORNIA RESIDENT NOTICES

Pursuant to California Civil Code Section 1789.3, California users are entitled to the following additional specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at U.S. 916-445-1254.

11. MODIFICATION AND SEVERABILITY

WebPower reserves the right to make changes to this website, the Terms of Use, and the prepaid card services at any time and for any reason, including without limitation selecting an alternate third party financial institution to provide the same or similar services or terminating the prepaid card services. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, any rights or obligations herein. WebPower expressly reserves the right to assign or otherwise transfer its rights or obligations herein.

12. TERMINATION

A. You may unilaterally terminate, at any time and for any reason, your use of the prepaid card services by either (1) providing WebPower written notice through the contact information below; or (2) by opting out of WebPowerfx® prepaid card services through your participating website's account management tools. If you terminate your use of the prepaid card services and you have unused funds submitted by WebPower to your prepaid card bank account, you maintain your rights to those unused funds in your prepaid card bank account.

B. WebPower reserves the right to unilaterally terminate any and all agreements and accounts you may have with WebPower (including without limitation agreements and accounts related to your participating website(s)), at any time and for any reason. If any such agreement and/or account is terminated by WebPower, you maintain your rights to unused funds in your prepaid card bank account.

C. Termination by either party will not affect (1) any of WebPower's rights or your obligations arising under these Terms of Use prior to your termination; or (2) your rights and obligations with the third party financial institution providing the prepaid card services, as independently governed by the applicable Prepaid Cardholder Agreement entered into between you and the financial institution providing such prepaid card services. At all times, Sections 2, 5-8, and 12-14 shall survive termination.

13. GOVERNING LAW AND DISPUTES

These Terms of Use shall be interpreted, construed, and enforced under the laws of the state of Florida and the United States, without regard to conflicts of law. By using the WebPowerfx® prepaid card services, you expressly consent to personal jurisdiction in the state of Florida. To the greatest extent permissible by law, all controversies or claims, including without limitation claims in tort, arising out of or relating to these Terms of Use, or breach thereof, including without limitation your use or misuse of the WebPowerfx® prepaid card services, the prepaid card, the prepaid card bank account and/or this website will be settled by confidential arbitration in the federal Southern District of Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect (the "Rules"). The matter will be heard by three arbitrators who will be appointed in accordance with the Rules. To the greatest extent permissible, a decision of the arbitrators will be final, binding, and conclusive upon the parties. In rendering such decisions and awards, the arbitrators will not add to, subtract from, or otherwise modify the provisions of this Agreement. Judgment may be had on the decision and award of the arbitrators so rendered in any court of competent jurisdiction. Notwithstanding the above, WebPower may, in its sole discretion, elect to have any and all equitable or injunctive relief submitted to the federal or state courts, and not settled by arbitration. In the event WebPower elects to pursue equitable or injunctive relief in a federal or state court, the federal and state courts located within the federal Southern District of Florida shall have exclusive jurisdiction and venue, to the greatest extent permissible.

14. GENERAL TERMS

A. WebPower will not be liable for any failure, by either WebPower or the third party financial institution providing the prepaid card services, to perform any obligations stated in these Terms of Use due to force majeure events, including without limitation acts of god, war, civil commotion, labor disputes, equipment failures, bank failures, card association failures, strikes, fire, flood, earthquake, hurricane or other casualty, government regulation or restriction, internet disruptions and mechanical, power, or communication failures.

B. You are solely responsible for all uses of your prepaid card and your prepaid card bank account. Your prepaid card bank account, the funds in such account, and/or all prepaid cards associated with your prepaid card bank account shall not be used as payment for any illegal transactions or for any other illegal purpose. In the event WebPower suspects that your prepaid card bank account, the funds in such account, and/or any and all prepaid cards associated with your prepaid card bank account have been, are being, or may be used as payment for an illegal transaction, WebPower shall have the right to immediately terminate all of your WebPower accounts and may, in its sole discretion, report any and all relevant information to the appropriate governmental authorities, revoke any funds transfers made by WebPower and recover any and all funds which were illegally or fraudulently obtained and/or used.

C. WebPower is not your agent, fiduciary, trustee, or other representative. Nothing stated, or implied, in these Terms of Use is intended to be construed as granting any party other than you and WebPower any legal or equitable right, remedy, or claim under or with respect to these Terms of Use. These Terms of Use are intended to be and are for the exclusive benefit of you and WebPower.

15. CONTACT INFORMATION

You may contact WebPower for any reason, at any time, through our postal address:

WebPowerfx
3395 S. Jones Blvd., Suite 22
Las Vegas, NV 89146 USA

For questions relating to your prepaid card and/or prepaid card bank account, you may contact the third party financial institution through their Contact Form.