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Terms of Use

The following agreement describes the terms and conditions in which pocketpass.com, inc. offers you access to all its services. This agreement affects your rights and you should read it carefully. by clicking the "terms of use" box, you accept the terms and conditions set forth below and confirm that the information you entered is truthful and correct.

I. DESCRIPTION OF THE POCKETPASS SERVICE.

Pocketpass is a unique, patent-pending pre-paid long-distance phone card service that also may be used to facilitate transactions ("Payments") from consumers to businesses, businesses to consumers, businesses to businesses and from one consumer to another("Payments") for registered customers of Pocketpass™ ("Users").

Pocketpass is NOT a cash or depository account.

Pocketpass is a unique, patent-pending pre-paid long-distance phone card service that also may be used to facilitate transactions ("Payments") from consumers to businesses, businesses to consumers, businesses to businesses and from one consumer to another("Payments") for registered customers of Pocketpass™ ("Users"). In purchasing a Pocketpass -- whether online or at an offline retail establishment -- Users acquire a fixed number of minutes of long distance telephone time purchased at a fixed price. Users' accounts are maintained in minutes and all transactions are accounted for in minutes or fractions thereof. Pocketpass.Com will, at the direction of the User and usually for no additional charge, refund long distance minutes at the original purchase price and send such refund either to the User or to a third party specified by the user.

Therefore, the term, "Payment" as used in these Terms of Use, does NOT involve a transfer of cash or funds, but rather a transfer of long-distance minutes from the User to the Recipient.

Pocketpass facilitates Payment and other refund-based transactions in the following ways:

Pocketpass.Com, Inc. ("Pocketpass.Com") will transfer a Payment from the Pocketpass account of a Payment sender ("Sender") to the Pocketpass account of a Payment recipient ("Recipient") (or to an unregistered account if Recipient is not yet a User) upon electronic notification of the transaction. A User may initiate a Payment by using the Pocketpass web site to purchase long distance time and make a Payment to a Recipient ("Web Payment") through the transfer of those minutes. A Recipient may be an individual or a company, merchant, online or offline store, corporation or other commercial entity.
Recipient will be able to use the received long distance minutes upon the successful transfer of long distance minutes which occurs immediately if the Sender's Pocketpass account balance is greater than or equal to the amount of a Payment. If the payment is smaller than the Sender's Pocketpass Account balance, the Sender may increase the balance of long distance minutes in their account by using one or more additional Pocketpass accounts including those which may be purchased online with a credit card.
In addition to long distance minutes purchased by credit cards and transfers from other Pocketpass accounts, a User may add minutes to a Pocketpass account by buying additional minutes using an electronic debit to the User's bank account or by mailing a physical check to Pocketpass.Com at its corporate offices. Payments received by Pocketpass.Com in the form of electronic debits or checks must clear before funds are made available to the User. Returned debits and returned checks will be subject to a $15.00 fee.
Once a Payment is made it is non-reversible and non-refundable.
Users acknowledge that a Pocketpass carries the same responsibilities, risks, advantages and disadvantages of cash: a lost or stolen account is like lost cash and Pocketpass.Com is under no obligation to replace a lost or stolen account. Pocketpass.Com WILL, however, freeze the use of an account if notified by phone by a User with the correct identification, that consisting of (a) the Access Number and PIN or (b) the User's PassManager user ID and password. Users who have lost their Pocketpass or have had it stolen may also log onto the Pocketpass.Com web site and transfer the minutes from the missing Pocketpass to another existing Pocketpass or to a new Pocketpass purchased with the minutes from the lost or missing Pocketpass.
A User may elect to withdraw all or part of the balance of his or her Pocketpass long distance minutes account by by physical check sent to the User's street address. There will be a $1.50 fee, comperable to an ATM withdrawal fee, for this service.
Users agree that they will not use their Pocketpass, Passmanager, or any pre-paid service or any other part of the Pocketpass system for any unlawful purpose including gambling, money laundering, wire fraud or conspiracy to commit unlawful acts. Such unlawful use will result in the forefeiture of all funds in all the user's Pocketpass accounts including those receiving funds, sending funds or those used to aid or assist in using funds for unlawful activities. This includes, but is not limited to: pyramid schemes, matrix operations and all questionable activities listed by the Federal Trade Commission at: http://www.ftc.gov/ftc/consumer.htm Pocketpass cooperates fully with law enforcement with regards to illegal, misleading or unethical uses of the Pocketpass sytem.
Users that elect to purchase long distance minutes with a credit card will be limited limited to a maximum of $2,500.00 for each transaction. Each User will be limited to a maximum of $7,500.00 of credit card charges within a 180-day period unless the User agrees to provide detailed information including a valid United States Social Security number. Information obtained will not be sold or divulged to any party other than those required by U.S. law for the purposes of preventing money laundering.
The minimum amount for transactions between Users is will be the number of seconds of long distance time that equals $0.01.

II. RESPONSIBILITIES OF USERS

Pocketpass Users may use their Pocketpass account for telephone calls by simply entering the access number and PIN of their account. In order to become a User of Pocketpass services online, Users must open a PassManager account. Users must also read and agree to the terms and conditions of this agreement, including:

You must provide Pocketpass.Com with valid and accurate information. You must be a resident of the United States.
You agree that you will not attempt to initiate any Payment for amounts above your then-current Pocketpass balance. If a you breach the terms of this paragraph, Pocketpass.Com reserves the right to reject the your Payment and you will be solely responsible for the consequences of this rejection.
If you request an electronic debit from or direct deposit to your bank account, you will provide an initial authorization in accordance with our instructions. After an initial authorization is received, you agree that we may access your bank account at any time you instruct us to make a transfer to or from your bank account.
You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone by charging a credit card, then receiving the funds back from the original Recipient and attempting to withdraw the funds from a Pocketpass account. Pocketpass.Com reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
You are responsible for confirming the identity of the other party in a payment.
If you are a Recipient, you assume all risks in accepting payments from Senders. Payments received from a Sender may be rejected if the Sender's account cannot adequately meet the amount of the Payment by using an existing balance. You are fully responsible for any goods bought or sold or any services provided by or to another User and settled through the Pocketpass system. You agree that a payment received from or paid to another user is final and not reversible. Any disputes that arise between Users relating to payments made or any other transactions between individuals are not the responsibility of Pocketpass.Com.
If you are a Sender, you agree that all payments initiated by you in which charges are made to your credit card are final and not reversible. You agree that you will not charge back any amounts previously charged to your credit card by Pocketpass.Com. If you charge back a credit card charge for a payment initiated by you, you agree that Pocketpass.Com may recover the amount of the charge-back by either reducing your Pocketpass account balance or re-charging your credit card for the amount of the charge-back.
If you are a Sender you agree to treat your Pocketpass account and all expenditures just like cash. Thus any disagreements between you and a Recipient, regardless of their nature (including businesses or other private individuals), are solely between you and the Recipient.
If you are a Recipient and a Sender charges back any amount relating to a payment made to a Recipient, Pocketpass.Com may, at its option, elect to recover any portion of the amount charged back by either reducing your Pocketpass account balance or charging your credit card.
If you initiate a charge-back of a previous credit card or Pocketpass charge, your Pocketpass account may be terminated and all costs of the chargeback will be recovered either through deduction of the equivalent number of long distance minutes from your Pocketpass account, by direct charge to your credit card, to your bank account or by direct billining if those acconts are insufficient.
If you request that Pocketpass transfer money to or from your bank account, you will provide Pocketpass.Com with an authorization to access your bank account in accordance with our instructions.
You acknowledge that (a) the Pocketpass service and Pocketpass.Com are not a bank (b) Pocketpass accounts are not insured by any government agency, (c) the Pocketpass service and Pocketpass.Com are not subject to banking regulations and (d) Pocketpass.Com will invest in liquid assets and that interest earned on those assets will be the property of Pocketpass.Com.
You acknowledge that Pocketpass is not an escrow service, and understand that Pocketpass.Com does not make any guarantees regarding purchases made when using any of its services. You acknowledge that Pocketpass.Com does not ensure the quality, safety, or legality of the merchandise received, nor that the seller will even ship the merchandise.
If you do not access your Pocketpass account for a period of five years, it will be terminated. After the date of termination, you will have 90 days to redeem your Pocketpass account balance, after which it will be subject to applicable state laws regarding escheat of unclaimed property.
You may not divulge your password to anyone else, nor may you use anyone else's password. Pocketpass.Com is not responsible for losses incurred by Users as the result of misuse of passwords.
If you use, or attempt to use the Pocketpass service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Pocketpass™, your Pocketpass account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
You agree to indemnify and hold Pocketpass.Com, its affiliates, officers, directors and employees harmless from any claim or demand whatsoever relating to or arising out of the Pocketpass service.
This Account Agreement is governed by the laws of the state of California as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

III. RESPONSIBILITIES OF Pocketpass.Com, Inc.

Pocketpass.Com reserves the right to verify any of the information you provide.
Pocketpass.Com shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Pocketpass.Com shall not be responsible for payments made to unintended Recipients due to the input of incorrect information by Senders, nor shall we be responsible for the verification of the identity of Users.
Pocketpass.Com shall not be liable for any damages of any kind arising out of or in connection with this account agreement, the Pocketpass web site, or any of its services.
Pocketpass.Com shall not be obligated to pay User for any Payments for which Pocketpass.Com has not been fully paid by the Sender's credit card issuer.
Pocketpass.Com reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious.
Pocketpass.Com, in its sole discretion, may terminate this Agreement, access to its web site, or access to the service without notice for any reason and at any time.
Pocketpass.Com retains all right, title, and interest in and to trademarks. Users shall only use Pocketpass trademarks with the express permission of Pocketpass.Com, Inc. Users shall not use the trademarks in any manner that is disparaging to Pocketpass. Under no circumstances may a User alter, modify, or change Pocketpass.Com's trademarks.