Privacy & Terms

Background

Caravan Payments (“Caravan Pay”) is an end-to-end payments platform — aggregating the entire payments ecosystem in one place so businesses can optimize performance, reduce risk, and scale without managing a dozen vendors. Caravan runs the website WWW.CARAVANPAY.COM (the “Site”).

Please read this Privacy Policy carefully before accessing materials or registering on the Site. By visiting or using the Site, you accept and agree to be bound by this Privacy Policy. If you do not accept this Privacy Policy, do not use the Site. Unless otherwise indicated, these Terms are applicable to all of the Site. Please also review our website Terms, which also govern your use of the Site along with any agreements entered into between you and Caravan Pay pertaining to your use of the Site.

For purposes of this Privacy Policy, “personal data” or “personal information” means information that identifies, relates to, describes, or can reasonably be associated with an identified or identifiable natural person, household, or device, as defined under applicable law.

The Information We Collect and Use

We collect personal data that you voluntarily provide to us when you register for an account on the Site, use Caravan Pay services, or otherwise interact with us. Personal data may contain your name, email, image, phone number, location, business information, payment-related information you provide, and other information you submit.

We log your visits and use of the Site such as when you view or click on content or ads, or perform a search. We use log-ins, cookies, web beacons, device information, and internet protocol (“IP”) addresses to identify you or your device, approximate your location, and log your use.

We may also obtain information about you through third party sources as permitted by applicable law, such as public databases, social media platforms, and marketing partners.

In HTML e-mails that we may send you, we may use technical methods for a number of purposes, including determining whether you have opened or forwarded those e-mails and/or clicked on links in those e-mails. These technical methods may enable us to collect and use information in a form that is personally identifiable.

Categories of Personal Information

Depending on how you use the Site and our services, we may collect the following categories of personal information (as those terms are defined under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”)):

• Identifiers (such as name, email address, phone number, IP address, device identifiers).
• Commercial information (such as records of products or services obtained, transactions facilitated through Caravan Pay, and related preferences).
• Internet or other electronic network activity information (such as browsing history on the Site, search queries, interactions with ads or content, and log data).
• Geolocation data (such as approximate location derived from IP address; we do not collect precise geolocation unless you expressly enable such functionality and we provide separate notice).
• Professional or business-related information (such as business name, role, and information about merchant accounts you connect).
• Audio/visual information (such as profile images you upload and communications you send us).
• Inferences drawn from the above to help improve and personalize the Site and our services.

Where applicable law defines certain information as “sensitive personal information” (for example, precise geolocation, certain financial account information, or information about children), we treat such information in accordance with applicable restrictions and give you additional rights described below.

We do not direct our services to children under 16 and do not knowingly collect personal information from children under 16. If we learn that we have collected personal information from a child under 16, we will delete it as required by law.

Purposes For Which We Use Your Information

We use the information described above for the following purposes, in accordance with applicable law:

• To create and manage your account and provide access to content and services on our Site.
• To facilitate payment processing, fraud monitoring, risk analysis, and related merchant services offered by Caravan Pay and its partners.
• To respond to your requests, manage user accounts, and provide customer support.
• To receive product feedback, understand our users better, and improve Caravan Pay and the Site.
• To personalize your experience on the Site, including tailoring content and offers to your interests.
• To perform analytics, reporting, and market research (including aggregate demographic and interest data).
• To send you administrative communications and, where permitted, marketing communications.
• To maintain the security and integrity of the Site, our services, and our business.
• To comply with legal obligations, respond to law enforcement and regulatory requests, and protect Caravan Pay’s rights and the rights of others.

We retain personal information for as long as reasonably necessary to achieve the purposes described above, comply with legal and regulatory requirements (including payment, tax, and anti-fraud obligations), resolve disputes, and enforce our agreements. Retention periods may vary based on the type of data and the nature of our relationship with you, but we periodically review our data to ensure it is not kept longer than necessary.

Legal Bases for Processing (EU and UK)

If you are located in the European Union (“EU”) or the United Kingdom (“UK”), we process your personal data only where we have a valid legal basis under applicable data protection laws, including:

• Performance of a contract: To create and manage your account, provide Caravan Pay services, process payments, and respond to your requests.
• Legitimate interests: To improve and secure our services, perform analytics, prevent fraud and abuse, personalize content (where this does not override your rights and interests), and communicate with you about our services.
• Consent: For certain uses of cookies and similar technologies, targeted advertising, and direct marketing in jurisdictions where consent is required; you may withdraw your consent at any time.
• Legal obligations: To comply with applicable laws, regulations, court orders, and law enforcement requests.

Use of Cookies and Similar Technologies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts, SDKs) to help provide you a better, more personalized user experience. These technologies are used to:

• Make the user experience more efficient.
• Remember your preferences (e.g., browsing language, account login information).
• Help us understand and improve how visitors use our website, including which of our pages and products are viewed most frequently.
• Support advertising and marketing, including measuring the effectiveness of campaigns and tailoring content to user interests where permitted.

Where required under applicable law (for example, in the EU/UK), we will only place non-essential cookies (such as certain analytics and advertising cookies) on your device after you have provided consent via our cookie banner or consent management platform. You can change your cookie preferences at any time through the Site’s cookie settings or your browser settings.

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings, though doing so may impact many of our Site’s features.

Users may also opt out of the NAI’s interest-based advertising network by clicking here and following the on-screen instructions.

In the event that a user wants to delete their data from our storage, they can reach out to us via email at privacy@caravanpay.com, and we will delete personal information in accordance with applicable laws and your rights described below.

We honor certain browser or device-based opt-out preference signals, such as Global Privacy Control (“GPC”), as required by California law. When we receive a valid GPC signal, we will treat it as a request to opt out of certain “sales” and “sharing” of personal information for cross-context behavioral advertising, to the extent we engage in such activities.

Information Obtained by Third Parties

To support and enhance the Site, we work with a variety of third party marketing analytics service providers and website analysis firms, such as Google and Facebook (collectively, “Third Party Service Providers”). These Third Party Service Providers may collect and use non-personally identifiable information, such as your mobile device ID, about your visits to and use of the Site, as well as other websites, in order to serve you with content tailored to meet your preferences and likely interests. Aggregate demographic and interest data may also be used for market research purposes.

We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Site. Like many services, Google Analytics uses first-party cookies to track user interactions, where they are used to collect information about how users use our Site. This information is used to compile reports and to help us improve our Site. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our Site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

Examples of How We Use Your Data

• To create an account for you to access content and services on our Site.
• To respond to your requests or to manage user accounts.
• To receive product feedback and understand our users better in order to improve Caravan Pay.
• To support risk management, fraud prevention, and compliance in connection with payment processing and merchant services.

Third Party Content and Linked Sites

Third parties may provide some of the content on our Site. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties.

In addition, third parties may offer goods, services and other materials to you on the Site. Such dealings are solely between you and the third party. We will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. We make no warranty concerning, are not responsible for and do not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from us.

Descriptions of, or references to products, services or publications within the Site do not imply endorsement by us of that product, service or publication. The Site may include links to other sites that are not maintained by us. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. We are not responsible for the content of those sites, do not endorse those sites, and make no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Site, you do so entirely at your own risk. We shall have no liability for any loss or damage arising from your use of any such sites.

How We Share Your Data

We share your personal data with third parties only when it is necessary to offer the services on the Site, legally required, or permitted by you.

We do not “sell” your personal information for monetary consideration, and we do not sell personal information as that term is defined under the CCPA/CPRA. We also do not “share” personal information for cross-context behavioral advertising where applicable law requires a right to opt out, unless and until we provide you with a clear opportunity to opt out of such sharing. If we later engage in such activities, we will update this Privacy Policy and provide appropriate opt-out mechanisms.

We do use the information you provide to us to improve our offerings and to provide you with the best possible experience on our Site. We may share the IP address and related network information that we automatically collect with various third parties for security, analytics, and service quality purposes.

We use YouTube's API services in connection with our service to provide certain features. As such, you acknowledge and agree that by using our Site, you are also bound by Google's Privacy Policy. In addition to the rights set forth below, you may manage your YouTube API data by visiting Google's security settings page at https://security.google.com/settings/security/permissions.

We may also share your personally identifiable information with law enforcement officials, regulators, or other third parties, when we are compelled to do so by a subpoena, court order, or similar legal procedure. In addition, we may share personally identifiable information if we believe in good faith that the disclosure of such information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, to investigate violations of our Terms and Conditions, or to the extent necessary to meet national security requirements.

If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your personally identifiable information. In such an event, we will endeavor to require the buyer or transferee to agree to our commitments provided in this Privacy Policy.

We shall ensure that a contract is in place between us and any third party entity or agent that participates in an onward transfer of personal data from the Site. The contracts specify that such personal data may only be processed for limited and specified purposes consistent with the consent provided by the individual or our disclosed purposes, and that the recipient will provide at least the same level of protection as stated in this Privacy Policy and applicable principles.

Service Providers

From time to time, we may partner with unaffiliated companies or individuals for market research, product development, quality assurance testing, security, fraud prevention, or similar purposes. These companies or individuals may be provided with access to personally identifiable information, but we will require by contract that they agree to maintain the confidentiality, security, and integrity of such information and to use it only for the purposes specified by Caravan Pay.

We also may subcontract with other companies and individuals to do work on our behalf; they may be provided with access to personally identifiable information, but only as needed to perform their functions and subject to contractual restrictions.

Data Processors

Caravan Pay, as a data controller for certain processing activities, collects and shares data with different data processors in the following categories:

• Technology and infrastructure: We distribute data to processors in order to host, enable, and support our Site and related services.
• Analytics and reporting: We distribute data to analytics platforms to better understand user behavior and track key business metrics, in order to provide a better service to our users.
• Marketing partners: We distribute data to marketing companies to facilitate email marketing, on-site promotions, and social media, search, and display advertising campaigns, in accordance with applicable law and your consent or preferences.

International Data Transfers

Information, including information collected in the European Economic Area (“EEA”) or the UK, may be transferred, stored, and processed by us and our service providers in the United States and other countries whose data protection laws may be different from the laws of your country.

Where we transfer personal data from the EEA or UK to countries that are not considered to provide an adequate level of protection under applicable law, we implement appropriate safeguards, such as standard contractual clauses approved by the European Commission or the UK Information Commissioner’s Office, or reliance on an adequacy decision (such as the EU–US Data Privacy Framework, if and when applicable). We also evaluate the need for supplementary measures consistent with current guidance.

We will protect your personal data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you are a non-U.S. resident and provide us with your personal information, you acknowledge and agree that your personal information may be transferred to and processed in the United States, where the laws regarding processing of personal information may be less stringent than the laws in your country. By providing your information, you consent to such transfer and processing to the extent permitted by law and subject to the safeguards described above.

California Privacy Rights

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the CCPA/CPRA.

For more details about the personal information we collect from you, please see the “The Information We Collect and Use” section above. We collect this information for the business and commercial purposes described in the “Purposes For Which We Use Your Information” section above. We share this information with the categories of third parties described in the “How We Share Your Data” and “Service Providers” sections above.

We do not sell personal information and do not share personal information for cross-context behavioral advertising in a manner that would be considered a “sale” or “sharing” under the CCPA/CPRA, unless we first provide you with an opportunity to opt out. If we change our practices, we will update this Privacy Policy and provide a clear “Do Not Sell or Share My Personal Information” link and honor opt-out preference signals such as Global Privacy Control.

California Consumer Rights

Subject to certain limitations, California consumers have the following rights:

• Right to know: You may request that we disclose (i) the categories of personal information we have collected about you, (ii) the categories of sources of such information, (iii) the business or commercial purposes for collecting, selling, or sharing the information, (iv) the categories of third parties to whom we disclose the information, and (v) the specific pieces of personal information we have collected about you, for the period required by law.
• Right to delete: You may request that we delete personal information we have collected from you, subject to certain exceptions (for example, where we must retain information to complete a transaction, detect security incidents, comply with a legal obligation, or protect against fraudulent or illegal activity).
• Right to correct: You may request that we correct inaccurate personal information that we maintain about you.
• Right to limit use of sensitive personal information: Where we process “sensitive personal information” as defined by California law, you may, in certain circumstances, request that we limit our use and disclosure of such information to what is necessary to provide our services.
• Right to opt out of sale or sharing: Where we sell or share personal information, you may opt out of such sale or sharing.
• Right to non-discrimination: We will not discriminate against you for exercising any of your rights under the CCPA/CPRA, including by denying goods or services, charging different prices, or providing a different level or quality of services, except as permitted by law.

California consumers may make a request pursuant to their rights under the CCPA/CPRA by contacting us at privacy@caravanpay.com. Please note that you must verify your identity and request before further action is taken. As part of this process, government identification or other documentation may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney or other written authorization, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.

We will respond to your request within the timeframes required by law and will explain our decision, including any basis for denying a request, where applicable.

European and UK Privacy Rights

If you are a resident of the European Union or the United Kingdom, you are entitled to certain information and have certain rights under the General Data Protection Regulation (GDPR), UK GDPR, and other applicable laws. These rights include:

• The right of access to your information.
• The right to rectify your information if it is incorrect or incomplete.
• The right to have your information erased and removed if certain grounds are met.
• The right to withdraw your consent to our processing of your information at any time (if our processing is based on consent).
• The right to object to our processing of your information (if processing is based on legitimate interests), including profiling.
• The right to object to our processing of your information for direct marketing purposes.
• The right to receive your information from us in a structured, commonly used and machine-readable format, and the right to transmit your information to another controller without hindrance from us (data portability).

If you are located in the EU or the UK and you are or have been a user of our Site, we may send you marketing communications based on our legitimate interests or your consent, subject always to your right to opt out of such communications. Further, if you are located in the EU or the UK, we will never share your information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.

You may contact us at privacy@caravanpay.com to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information where permitted by law.

Furthermore, if you believe that our processing of your information is inconsistent with your data protection rights under the GDPR or UK GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country or region.

For purposes of the GDPR, we are a “controller” and you are a “data subject.”

How Do We Protect Information You Provide to Us?

We have implemented and maintain information technology security measures designed to protect personally identifiable information from unauthorized disclosure to or access by a third party. Your account and associated information is protected by a password, which you should keep secret at all times. We encrypt password information stored in our databases and implement technical and organizational measures intended to maintain the confidentiality, integrity, and availability of your information.

Although we make concerted efforts to protect personally identifiable information and maintain security, no security measures are perfect or 100% guaranteed. Outages, attacks, unauthorized use, or other factors may compromise the security of user information at any time.

Where required by law, we may conduct periodic risk assessments and, if applicable, cybersecurity audits for certain higher-risk processing activities, and we review our security controls in light of evolving regulatory expectations.

Data Ownership

We retain a perpetual, irrevocable, worldwide, sublicensable, and transferable right to use, publish, display, modify, and copy User Provided Content in accordance with the terms of this Privacy Policy, our Terms of Use, and any other agreement you have entered into with us, for purposes such as operating, improving, and promoting our services, supporting fraud monitoring and risk management, and complying with legal obligations. We do not use User Provided Content in a manner that is inconsistent with applicable data protection laws or your rights described in this Privacy Policy.

How You Can Access, Change, or Delete Personally Identifiable Information

You can contact us to access, change, or remove any personally identifiable information that we have collected from you by sending an e-mail to privacy@caravanpay.com. Please include your full name, e-mail address, and the Site or services accessed so that we can better assist you with your inquiry or request.

Please be advised that: (i) requesting the removal of or not providing personally identifiable information may result in the termination, removal, or blocking of your account, registration, or access to the Site; and (ii) changing personally identifiable information may affect your use of the Site including the correctness of any results. Once you request a change or removal of your personally identifiable information or your account, we can give you no assurances that such information or account may be retrieved or reopened in the future.

We will respond to your request within the timeframes required by applicable law and explain what actions we have taken.

Will There Be Changes to Our Privacy Policy?

We expect to amend our Privacy Policy from time to time as we change the registration procedure, introduce or alter our offerings, change levels of user participation, respond to new legal requirements, or release new features. In the event of material changes, we will provide notice by means that are reasonable under the circumstances, such as by posting a notice on the Site or emailing registered users. Your continued use of the Site following the posting of changes to this Privacy Policy means you accept those changes. Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

We retain the right, in our sole discretion, to remove or delete, temporarily or permanently, any and all information, including personally-identifiable and non-personally identifiable profile and registration information, submissions, and any other information collected from or provided by you, subject to applicable law and your rights described above. Please note that, at all times, you should update your personal information to provide us with current e-mail addresses.

Severability

If any provision of this Privacy Policy is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from this Privacy Policy, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Privacy Policy.

How to Contact Us

You can contact us with any questions or to exercise your rights by sending an email to privacy@caravanpay.com.

1. User’s Acknowledgement & Acceptance of Terms

These Terms govern your use of the Caravanpay.com website (the “Site”) and any services offered on or through the Site. Our Site provides information and services offered by Caravan Payments, LLC (“Caravan Pay,” “we,” “us” or “our”) subject to your acknowledgement and acceptance of these Terms of Use (“Terms” or “Terms of Use”). Please read these terms and conditions carefully before using the Site.

By visiting, registering for, or using the Site, you accept and agree to be bound by these Terms. If you do not accept these Terms, do not use the Site. Please also review our Privacy Policy, which governs your use of the Site along with any other agreements entered into between you and us pertaining to your use of Caravan Pay’s products and services.

Our Site uses YouTube to provide certain features of our service, and, as a result, we are obligated to make our users aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Site, you are also bound by the YouTube Terms of Service (including the Google Privacy Policy).

Our Site is intended for a general audience and is not directed to children under the age of thirteen (13). We do not knowingly solicit personal information directly from children less than thirteen (13) years of age nor do we knowingly collect personal information from children less than thirteen (13) years of age in a manner not permitted by the Children’s Online Privacy Protection Act (“COPPA”). If we learn that a child under 13 has submitted personal information through the Site, we will delete that information consistent with COPPA.

2. Intellectual Property Ownership & Limited License

You acknowledge and agree that Caravan Pay and its licensors retain all right, title, and interest in and to the Site and all past, present, and future content, applications, software, and materials provided on or through the Site (including, without limitation, audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Site, the compilation of all content and materials on the Site, and the business processes, procedures, methods, and techniques used in the Site), together with all associated patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual and proprietary rights.

Caravan Pay, our logo, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Site are the property of Caravan Pay unless otherwise noted and are protected by applicable copyright, trademark, intellectual property, and other laws. Caravan Pay’s intellectual property, including its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Caravan Pay. All rights are expressly reserved. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Caravan Pay, no rights (either by implication, estoppel, or otherwise) in or to the Site or its contents are granted to you.

Subject to your strict compliance with these Terms, Caravan Pay grants you a non-exclusive, revocable, non-assignable, and non-transferable license to display, view, use, or play the content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a device solely for your personal or internal business, informational, non-commercial purposes, in each case consistent with the intended use of the Site and Caravan Pay’s services. Except as expressly provided herein or pursuant to another written agreement between you and Caravan Pay, no part of the Site or the content available on it may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Any third-party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Site are the property of the respective third parties and may be protected by applicable copyright, trademark, or other intellectual property laws and treaties.

3. Restrictions on Use

By accessing or using the Site, you agree that you will not:

• Remove, obscure, or alter any trademark, copyright, or other proprietary or legal notices contained in the Site or on any content made available through the Site.
• Manipulate the Site in any way not intended or directed by Caravan Pay.
• Copy or seek to copy or “rip” any audio, video, or audiovisual content from the Site.
• Exploit any part of the Site for commercial gain or undertake any commercial activity utilizing the contents of the Site without the prior written consent of Caravan Pay, other than internal business use consistent with the intended functionality of Caravan Pay’s services.
• Sell or resell any content made available on the Site unless Caravan Pay has given you prior written permission to do so.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Use the Site in a manner inconsistent with any applicable law or regulation.

4. Third-Party Content & Sites

Descriptions of, or references to, products, services, or publications within the Site do not imply endorsement by Caravan Pay of such products, services, or publications. The Site may include links to other sites that are not maintained by us. Websites of those third parties are subject to terms and conditions different from those found here, and it is your responsibility to ensure that you have read and understood them.

We are not responsible for the content of those sites, do not endorse those sites, and make no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third-party site, you do so entirely at your own risk and you may be exposed to offensive, indecent, or objectionable content. Caravan Pay shall have no liability for any loss or damage arising from your use of any such sites.

5. Operation of the Site

We may change, suspend, or discontinue any aspect or functionality of the Site at any time and without prior notice, subject to any applicable law and any separate agreement you have with us.

6. Entire Agreement

You acknowledge and agree that these Terms and the Privacy Policy contain the entire agreement between the parties relating to the Site. These Terms will be binding on and will inure to the benefit of the legal representatives, successors, and permitted assigns of the parties hereto.

7. Equipment and Internet Access

You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection, and other equipment necessary for you to access the Site. You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Site through an Internet access provider or other third-party service, including any applicable taxes.

8. Disclaimers of Warranty & Limitations of Liability

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARAVAN PAY AND EACH OF ITS AFFILIATES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU ACKNOWLEDGE THAT INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE SITE MAY BE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF CARAVAN PAY. CARAVAN PAY MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (V) THE SITE, NETWORKS, OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL PROGRAMS OR COMPONENTS. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF CARAVAN PAY’S CONTROL, INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. CARAVAN PAY IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM, OR NETWORK USED IN CONNECTION WITH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARAVAN PAY OR ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE SITE, REMOVAL OF CONTENT FROM THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF CARAVAN PAY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

UNDER NO CIRCUMSTANCES WILL CARAVAN PAY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE, EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, OR CERTAIN STATUTORY RIGHTS).

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE USE OF THE SITE.

9. Governing Law

All matters related to the Site and these Terms of Use (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule that would require the application of laws of another jurisdiction.

The agreement to arbitrate in Section 10 is governed by the Federal Arbitration Act (“FAA”) and, where applicable, any similar state arbitration statute. Mandatory consumer-protection or privacy laws that apply to you in your place of residence may nevertheless afford you additional rights that cannot be waived by contract, and nothing in these Terms is intended to limit those non-waivable rights.

10. Dispute Resolution by Binding Arbitration & Class Action Waiver

(A) Consent to Arbitration. Any controversy or claim arising out of or relating to these Terms or the Site, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in Williamson County, Texas, before a single arbitrator under its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award all remedies available at law or in equity that are consistent with these Terms.

(B) Delegation. To the fullest extent permitted by law, issues of arbitrability, including the scope, applicability, and enforceability of this arbitration provision, shall be decided by the arbitrator and not by a court, except where applicable law requires a court to decide such issues.

(C) Venue. Except to the extent that arbitration is required in subsection (A) and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising under these Terms may only be instituted in state or federal court in Williamson County, Texas. You and Caravan Pay consent to the exclusive personal jurisdiction and venue of such courts for such matters.

(D) Injunctive Relief. The provisions of subsections (A) through (C) will not apply to any legal action taken by Caravan Pay to seek an injunction or other equitable relief in connection with any actual or potential loss, cost, or damage relating to the Site, any content, Caravan Pay’s intellectual property rights (including rights we may claim that are in dispute), or Caravan Pay’s operations.

(E) Waiver of Class Actions and Class Arbitrations. YOU AND CARAVAN PAY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. NEITHER YOU NOR CARAVAN PAY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

To the extent any portion of this Section 10 is found unenforceable, that portion shall be severed, and the remainder shall continue in full force and effect. If the waiver of class or representative claims is found unenforceable in a particular dispute, then the parties agree that such dispute will be resolved in court and not in arbitration.

11. Indemnity

You agree to defend, indemnify, and hold harmless Caravan Pay, its affiliates, and its and their respective directors, officers, employees, agents, representatives, members, joint venturers, licensors, suppliers, vendors, distributors, advertisers, and other contracting parties (“Affiliates”) from and against any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use or misuse of the Site;
• your violation of these Terms; or
• your violation of any applicable law or the rights of any third party in connection with your use of the Site.

You agree that you will cooperate as reasonably required in the defense of such claims. Caravan Pay and its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of Caravan Pay.

12. Recovery of Fees

If Caravan Pay takes action (by itself or through its representatives) to enforce any of the provisions of these Terms against you, including collection of any amounts due to Caravan Pay or seeking relief for your misuse of the Site, and Caravan Pay is the prevailing party in such action, Caravan Pay shall be entitled to recover from you (and you agree to pay) Caravan Pay’s reasonable and necessary attorneys’ fees and any costs of litigation, in addition to all sums to which Caravan Pay is entitled or any other relief at law or in equity, except as otherwise limited herein or by applicable law.

13. Severability

If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.

14. Miscellaneous

(A) International Disclaimer. Caravan Pay controls and operates the Site from its U.S.-based offices and makes no representation that the Site is appropriate or available for use beyond the United States. If you use the Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.

(B) Interpretation. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory or common law rule that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.”

(C) Assignment. Caravan Pay may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Caravan Pay.

(D) No Waiver. No failure or delay by Caravan Pay in exercising any of its rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy.

(E) No Oral Agreements or Modifications. There shall be no amendment or modification of these Terms unless the same is in writing and signed or otherwise agreed to by an authorized representative of Caravan Pay (including by updated Terms posted on the Site or presented at sign-up). Oral agreements shall be non-binding and unenforceable.

15. Contact Information

If you have any questions about these Terms of Use or your rights or Caravan Pay’s obligations relating to the Site, please email us at privacy@caravanpay.com.