CashClub Wallet™ services (“CashClub Wallet Services” or “Services”) allow patrons at participating licensed gaming establishments (each, a “Participating Casino”), to store payment credentials and to store and transfer funds for their use in connection with the Participating Casino.
By using the CashClub Wallet Services, you are agreeing to be bound by the following terms and conditions, which include your agreement to receive all communications related to the Services electronically, provide certain personal information to the Participating Casino, Wells Fargo Bank or other depository institution selected by Everi from time to time for use with the Services (each, the “Bank”), Everi Payments Inc., and their affiliates, and resolve all disputes through binding individual arbitration, collectively, the “Terms”). Everi Payments Inc. is referred to as “Everi”, “us,” “we,” or “our” in these Terms. You acknowledge that these Terms will govern your use of the Services, and that you will only be presented with these Terms at the time you initially create your CashClub Wallet Account.
1. REGISTERING FOR A CASHCLUB WALLET ACCOUNT
In order to create a CashClub Wallet user account (a “CashClub Wallet Account”) and use the Services, you must be of legal gaming age in the location where the Participating Casino is located, and be a citizen or lawfully residing in one of the 50 states of the United States and the District of Columbia or a U.S. Territory (collectively, the “U.S.”).
We require certain minimum information in order to open and maintain a CashClub Wallet Account. This includes, but is not limited to, your full name, date of birth, mailing address, mobile phone number, email address, and a valid casino issued player’s club account number for the Participating Casino offering CashClub Wallet Services (a “Participating Casino Players Card”). Federal law requires us to obtain, verify, and record information that identifies each person who opens a CashClub Wallet Account and comply with certain federal transaction reporting requirements that are applicable to us. Accordingly, when you register your CashClub Wallet Account, we will also ask you for certain additional information such as your street address, date of birth, Social Security number, and other information that will allow us to identify you such as a valid State driver’s license or other valid governmental identifying documents. If we are unable to verify your identity to our satisfaction, we may: (i) decline to issue you a CashClub Wallet Account; or (ii) issue you a CashClub Wallet Account, subject to the certain balance and transaction limits for unregistered CashClub Wallet Accounts.
We may also decline to issue you a CashClub Wallet Account if you are under legal gaming age for the jurisdiction where the Participating Casino is located, or for any other lawful reason. In any case, you may not use the CashClub Wallet Services if you are under the age of 18.
The CashClub Wallet Account may only be used in conjunction with the Participating Casino offering the Services, and may only be accessed at the Participating Casino or certain designated authorized locations, and/or through the CashClub Wallet mobile application (the “App”) as updated from time to time, loaded onto your personal mobile device (your “Registered Mobile Device”), and which may only be utilized from eligible geographic locations. Although the App is not required to use the Services, you agree that if you choose not to install the App, you must visit the Participating Casino to view your transaction history and account balances, enroll accounts, and conduct other activities through the CashClub Wallet Account.
Your use of the Services and the App are subject to these Terms, as updated from time to time, and other terms and conditions that Everi may establish from time to time. For example, you will only be able to use your CashClub Wallet Account at the Participating Casino and at certain merchants designated by the Participating Casino who are authorized to accept transfers through the Services as a payment method.
The CashClub Wallet Account is for your own personal use only. Your CashClub Wallet Account may not be used by anyone other than you and may not be transferred to anyone else. Registering for a CashClub Wallet Account is not an extension of credit.
2. WALLET LEVELS
Everi may make different levels of the CashClub Wallet Services available from time to time, as agreed with the Participating Casino. All Wallet levels are subject to modification by Everi based on periodic review. We reserve the right to temporarily disable your Wallet.
Basic Wallet. For you to be eligible for a Basic Wallet having a maximum load limit of up to $2,000.00, you must provide the minimum information required by Everi to comply with our anti-money laundering procedures for a Basic Wallet.
Full Wallet. For you to be eligible for a “Full Wallet” having a maximum load limit of up to $10,000.00, you must provide additional information to us so that we may verify your identity. Issuance of a Full Wallet is at our sole discretion.
VIP Wallet. Certain Participating Casinos may offer VIP CashClub Wallet Services. If approved by Everi and the applicable Participating Casino to maintain a “VIP Wallet”, you may be permitted to hold a maximum balance and have transaction velocity in excess of the Full Wallet limits. Details vary by Participating Casino, and the availability of VIP CashClub Wallet Services are at Everi’s sole discretion and may be revoked in our discretion.
Wallet Maximums. You understand that we will cap the amount of funds you may place into and take out of the CashClub Wallet Account by evaluating your transaction volume based on daily, weekly, and monthly periods. These caps are based on rolling 24 hour, 7 day, and 30 day periods, respectively, and will apply to any and all funds coming into, or out of, the CashClub Wallet Account, and may be aggregated, regardless whether such funds are transferred as currency, electronic or digital form, or other form of value, including, without limitation, funds deposited, withdrawn, or transferred as cash, redemption ticket, chips, ACH, Credit Card load, OCT/AFT transaction, or other form. When your funds are solely transferred inside of the CashClub Wallet Account between your Trusted System accounts, the transfers may not impact your daily, weekly, and monthly CashClub Wallet maximum transaction volumes. “Trusted Systems” vary by Participating Casino, but generally mean one or more Connected Systems authorized by Everi that are directly connected to the CashClub Wallet Account within the same connected gaming environment (e.g. transferring a balance to/from your connected sports book account at the Participating Casino and your CashClub Wallet Account may qualify as transfers between Trusted Systems). Wallet maximums may apply to transfers between other Connected Systems, which are not Trusted Systems (e.g. transfers from your CashClub Wallet Account to the point of sale system at the Participating Casino’s gift shop or buffet).
3. ENROLLING ACCOUNTS
You may enroll one or more credit card, debit card, or bank account numbers with us for use with your CashClub Wallet Account. In such case, we will store the actual account numbers on our server, not on your Registered Mobile Device.
You agree that you will only enroll your own credit or debit cards, bank accounts, or other accounts that belong to you with the CashClub Wallet Account. You agree not to enroll any corporate card or corporate account, or any account belonging to anyone other than yourself with your CashClub Wallet Account.
When you enroll an account with your CashClub Wallet Account, you confirm that you are permitted to use that account in connection with our Services.
When you enroll a bank account to your CashClub Wallet Account (with your routing and account number), at our discretion, we may verify it by sending micro transfers to your bank account to verify ownership (these will be less than $1 each). When we issue these micro transfers to your account, we issue two small withdrawals and to offset those withdrawals we issue two small deposits simultaneously. To avoid any overdraft or other bank fees make sure you have at least $2 in your bank account. You’ll see these deposits/debits in your bank account within 1-3 business days.
4. LOADING FUNDS
For your convenience, we allow you to maintain a cash balance in your CashClub Wallet Account (the “Cash Balance”). Within your CashClub Wallet Account, the Cash Balance will act as the primary vehicle for all deposits, withdrawals, and transfers. We may limit the amount of funds you may keep in your Cash Balance in our sole discretion.
You may fund your Cash Balance via a number of different sources, including, but limited to, cash, credit cards, debit cards, bank accounts, and other methods. Subject to availability, you may also fund your Cash Balance via a Transfer from another trusted system (each, a “Trusted System”) authorized by the Participating Casino and Everi to interoperate with the CashClub Wallet Services (each, a “Transfer”). The funding sources available for use with your CashClub Wallet Account will be determined by the applicable Participating Casino, however only payment cards and accounts issued by financial institutions located in the U.S. may be used in connection with the Services.
For each load transaction you submit through the Services, you authorize us to charge the funding method you designate in the amount that you specify. You authorize us to transmit the transaction information including your card number or bank account number to our third-party payment processors, or to access your funds held with a Trusted System Provider (as further defined in these Terms). You authorize us to collect and store information related to the transaction.
When you use your debit card or bank account to load your CashClub Wallet Account or to submit a payment transaction through the Services, you authorize us to initiate a transfer from your enrolled bank account. We will make electronic transfers from your bank account in the amount that you authorize. In the case of a bank account, if the initial transfer is rejected by your bank for any reason, you authorize us to try this transfer again. You alone are responsible for any overdraft or other fees or charges that your bank may assess. For each transaction to load funds to your CashClub Wallet account, you may receive a receipt to the mobile phone or email you provided. You may select to not receive a receipt.
When you provide a funding method to us, you confirm that you are permitted to use that funding method. You acknowledge that you may, from time to time and upon our request, be required to provide additional details to us in respect to the deposits made. You may not load your CashClub Wallet Account with funds belonging to anyone else, and you agree not to fund your CashClub Wallet Account, or any transaction processed through the Services with any corporate card or corporate account, or any account belonging to anyone other than yourself. Our processing of a transaction you make through the Services with any corporate card or corporate account, or with any account belonging to anyone other than yourself does not constitute our waiver of this prohibition.
We do not guarantee that there will not be any delay in the processing or receipt of deposits made to your CashClub Wallet account. In some cases, it may take several days to verify the funding transaction prior to its availability in your Cash Balance. You are entitled to a refund of deposits made to your CashClub Wallet account if your CashClub Wallet account is not credited within 10 days of the date of the receipt of the funds from you upon written request, unless you have requested the transfer or transaction to occur at a time beyond 10 days.
Funds in your Cash Balance will not earn any interest. Even if processed by us, a transaction you make through the Services with any corporate card or corporate account, or with any account belonging to anyone other than yourself remains a violation of these Terms for which you accept full liability and for which you agree to indemnify us from any claim or action by any third party.
5. ACCESSING FUNDS IN THE CASHCLUB WALLET ACCOUNT
To access your CashClub Wallet Account, you will need to designate a secure PIN. You may change your PIN at the designated CashClub Wallet Services desk within the Participating Casino. Your PIN together with your Participating Casino Player Card or the App are required to access your CashClub Wallet Account.
Subject to these Terms, once funds have been confirmed as loaded to your CashClub Wallet Account, you will be able to withdraw funds from your Cash Balance at the Participating Casino, or make Transfers to or from Trusted Systems, transfers to other Connected Systems, or to other locations the Participating Casino has authorized to interoperate with the Services. Withdrawal methods may vary from time to time, as determined by the Participating Casino, however these methods typically include requesting cash or a slot voucher from certain self-service kiosks at the Participating Casino. Locations and available withdrawal methods are determined at the sole discretion of the Participating Casino
Each time you use your CashClub Wallet Account to conduct a withdrawal or transfer, or to purchase goods or services through the Services, you authorize us to debit the total amount of your transaction from your Available Balance, including applicable fees. Your “Available Balance” includes your Cash Balance as well as balances from accounts maintained in certain Trusted Systems that are linked to your CashClub Wallet Account. We will generally decline a transaction if you have insufficient or unavailable funds in your Cash Balance to cover the transaction, including applicable fees, if any, at the time the transaction is authorized. If additional funds are present in your Available Balance, we will attempt to complete the transaction by automatically transferring funds from connected Trusted System accounts into your Cash Balance.
You may also withdraw funds from your Cash Balance using the Automated Clearing House (“ACH”) system to transfer funds for direct deposit to a checking account that has been successfully used to fund your CashClub Wallet Account in the past, or that we have otherwise verified to our satisfaction. Withdrawals via ACH may take up to 3 business days (each, an “ACH Transfer”).
You may request an ACH Transfer by: (i) requesting the ACH Transfer through the App on your Registered Mobile Device; or (ii) visiting the designated CashClub Wallet Services desk within the Participating Casino. We generally process ACH Transfers within 1 to 3 business days of your request. Requests for ACH Transfers received after cutoff time or on a non-business day will be processed by us on the next business day. ACH Transfers scheduled to be processed on a weekend or holiday will be processed on the next business day. Fees may apply to withdraw funds by ACH, and the amount of such Fees will be displayed to you in the App or communicated to you at the time of your verbal request for a check.
Any such funds transferred from your enrolled Trusted System accounts will remain in your Cash Balance, even if the overall transaction failed due to lack of funds in your Available Balance to support the full amount of the transaction plus applicable fees.
You cannot transfer funds from your CashClub Wallet Account to a credit card.
The minimum withdrawal amount you can request is one dollar ($1.00) unless the amount of your CashClub Wallet Account is less than one dollar ($1.00), in which case you may request the total remaining Cash Balance in your CashClub Wallet Account.
If your Cash Balance exceeds $2,000.00, we may request you provide us your social security number and other identifying information before funds can be withdrawn.
Transactions using the CashClub Wallet Services may also be denied if you exceed daily, weekly, or monthly transaction volume limits, or if the transaction exceeds the maximum transaction size you are authorized to conduct. We may also request you provide us with your Social Security number or other identifying information, or limit the amount of funds you may withdraw or transfer in a given period in our sole discretion, as we deem reasonable to comply with our policy’s or to combat any activity we believe may be suspicious or that we believe may not have been authorized by you.
You agree that the withdrawal methods we offer are acceptable for the purposes of retrieving funds from your CashClub Wallet Account.
6. EVERI CASH ACCOUNT BALANCE AND TRANSACTION HISTORY
Each time you conduct a transaction or transfer using your CashClub Wallet Account, you will receive an acknowledgment using the mobile phone number or email you provided.
You can obtain information about the Cash Balance available in your CashClub Wallet Account at any time and at no cost by: (i) accessing your CashClub Wallet Account information through the App on your Registered Mobile Device; (ii) visiting the designated CashClub Wallet Services desk or an Everi ticket redemption device within the Participating Casino; or (iii) by contacting us at 844-EVERI-24 (844-383-7424).
You have the right to receive an account statement showing your CashClub Wallet activity. You may obtain information about your CashClub Wallet Account and transactions at any time and at no cost directly through the App loaded on your Registered Mobile Device. Additionally, you may obtain a detailed electronic transaction history of your CashClub Wallet Account transactions, including information regarding any fees applied against your CashClub Wallet Account, at any time and at no cost by visiting the designated CashClub Wallet Services desk within the Participating Casino. You may also obtain this transaction history at any time and at no cost by calling us at 844-EVERI-24 (844-383-7424) or writing us at CashClub Wallet Services, 7250 S. Tenaya Way, Las Vegas, NV 89113. If you submit your request in writing, please include your name, date of birth, address, and Participating Casino Player Card number along with the name of the Participating Casino. Upon your request, we will send your transaction history to the email address associated with the applicable CashClub Wallet Account or mail it to the address on file with us. You acknowledge that, while the Services constitute separate services offered by us, all of your transactions using the different components of the Services with the same Participating Casino will be reflected in your CashClub Wallet Account information through the App on your Registered Mobile Device and in any transaction history we send to you.
If you maintain multiple CashClub Wallet Accounts at various Participating Casinos, the transaction history in the App and that we send to you will only reflect history for the Participating Casino which was the subject of the request. You will not receive periodic or paper statements in connection with the Services.
7. CLOSING YOUR CASHCLUB WALLET ACCOUNT
Subject to our rights regarding any pending transactions, and as otherwise set forth in these Terms, you may deactivate your CashClub Wallet Account either by requesting to deactivate your CashClub Wallet Account at the Participating Casino, or by telephoning us at 844-EVERI-24 (844-383-7424). In the event there are funds in your Cash Balance at the time you elect to deactivate your CashClub Wallet Account, it is your responsibility to either spend or transfer any funds remaining in your CashClub Wallet Account or withdraw your funds by ACH at the Participating Casino prior to requesting CashClub Wallet Account deactivation. Please note that deactivating your CashClub Wallet Account will prevent any transactions or Transfers from being processed, however for a period of time, you may be able to access and view the CashClub Wallet Account to see historic activity.
Everi does not control funds held by any Trusted Systems.
Without first transferring funds from Trusted Systems into your Cash Balance, zeroing out your Cash Balance will not affect funds from other Trusted Systems displayed as part of your Available Balance. Except in the event of a transfer to the Cash Balance, closing your CashClub Wallet Account will not affect any funds held in Trusted Systems and you must separately withdraw such funds by contacting the applicable Trusted System Provider.
There is no fee for enrolling in a Wallet account or maintaining a Wallet account. We reserve the right to charge or add fees for the Wallet services in the future at our sole discretion at any time without prior notice to you, except that prior to authorizing any transfer or transaction, you will be advised of the applicable fees. All transactional fees are displayed at time of transaction acceptance.
Please be aware that some credit card providers charge cash advance fees (possibly including an additional dollar amount or percent rate, in addition to other possible cash advance service fees, including a higher APR) if you use your credit card to load your CashClub Wallet Account. For more information about whether your card provider charges these fees, contact your card provider.
There are no fees to deposit cash or tickets into your CashClub Wallet Account, or to take your money out of your CashClub Wallet Account at the designated CashClub Wallet Services desk within the Participating Casino, however fees may apply if you are depositing funds using your credit or debit card or bank account, as determined by the Participating Casino in its sole discretion and must be separately agreed to by you prior to initiating the transaction. Fees for withdrawal by ACH or OCT will be displayed to you prior to conducting any such transaction and must be separately agreed to by you prior to initiating the transaction.
From time to time the Participating Casino may elect to offer you additional ways to withdraw your funds, however such transactions may be associated with a fee.
We reserve the right to change or add fees for the Services in the future.
9. ACTIONS WE MAY TAKE
a. Communication. You agree that Everi Payments Inc. may communicate with you electronically regarding your transactions or your CashClub Wallet Account. You are confirming your ability, and providing your consent, to receive communications electronically from Everi and our service providers and affiliates instead of in paper form, and agree to the use of electronic signatures in our relationship with you. Without limiting the foregoing, you further agree that Communications may be provided to you via email, text message, or other electronic notification methods supported by the App you use to access the Services. Our ability to provide communications to you electronically is dependent upon you maintaining a valid email address and/or valid mobile phone number in our system. We may send communications to the email address and/or valid mobile phone number that is associated with your CashClub Wallet Account. Therefore, you agree to maintain a valid email address and/or valid mobile phone number associated with your CashClub Wallet Account for as long as you maintain your CashClub Wallet Account. In the event communications are provided to you via email, via text message, or via the App you use to access the Services, it is your responsibility to review those communications. We and our designees may, at our discretion, mail paper copies of communications to you, in addition to or instead of sending them to you electronically. You understand and agree that: (i) these Terms will be entered into electronically; (ii) your consent to receive communications electronically will remain valid until you withdraw your consent by closing your CashClub Wallet Account; and (iii) communications that may be provided electronically include, but are not limited to, the following:
i. Updates to terms, conditions and disclosures (including the Terms) and, and new agreements or disclosures;
ii. Everi’s Privacy Notice, and other types of notices or disclosures we send you regarding the Services;
iii. Information regarding your use of the Services, including your CashClub Wallet Account balance and your CashClub Wallet Account activity;
iv. Account statements, authorizations, receipts, and transaction histories related to your use of the Services;
v. Notices and communications to you of the resolution of any error regarding your CashClub Wallet Account; and
vi. Inquiries and notices to you about transactions or other use of the Services.
In order to retain communications, you will need the ability to electronically store or print the communications. We may change these requirements from time to time.
Consent to receiving electronic communications is a requirement of being able to access and use the Services.
Except as may be required by applicable law, you do not have the option of requesting communications in paper or non-electronic form. You can withdraw your consent only by closing your CashClub Wallet Account. For information on closing your CashClub Wallet Account, please see the subsection entitled “Closing Your CashClub Wallet Account” in the above Terms.
b. Other Communications. If you provide us with your phone number, you consent to receive text messages at that number from us or others acting on our behalf. When you communicate with us or Participating Casino by telephone or electronically regarding your CashClub Wallet Account, you agree that Everi or the Participating Casino may record these phone calls and save these electronic communications without further notice to you or any party to these communications.
c. Inquiries. By registering for a CashClub Wallet Account, you agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about funding methods we store.
d. Our Right to Suspend or Terminate your Use of the Services. We reserve the right to limit, suspend, or terminate your use of the Services, place your funds in reserve, or take other account-level or transaction-level actions, including suspending or closing your CashClub Wallet Account, immediately, and without prior notice to you for any reason, including, without limitation: (i) to protect the security and integrity of the Services, your CashClub Wallet Account, or the Participating Casino or any Connected System and their accounts; (ii) the inability to debit or collect funds from any account you designate in connection with the Services; (iii) if you breach these Terms or any other agreement with us regarding the Services, including, without limitation, by using the Services for any unlawful purposes; (iv) we have reason to believe there has been or may be an unauthorized use of your CashClub Wallet Account; (v) we are unable to verify your identity or authority to use the Services to our satisfaction; (vi) your CashClub Wallet Account is not in good standing; (vii) we believe that your use of the Services could expose us, Participating Casino, or other persons involved in providing the Services to increased risk or be placed in a false or derogatory light; (viii) your Participating Casino Player Card is suspended or terminated for any reason or ceases to be in good standing with Participating Casino; (ix) we have reason to believe that you are using the Services to facilitate, encourage, or promote illegal activity, hate, violence, intolerance, fraud, or otherwise objectionable content or activities; (x) you have requested us to prohibit transactions from one or more of your accounts through the STeP program; (xi) if we believe doing so may prevent a financial loss; or (xii) we believe you may be engaging in, or have engaged in fraudulent, illegal, or illicit activity through your use of the Services. Our election to exercise the foregoing right to suspend or terminate your access to and use of the Services is in addition to any other right or remedy that we may have under these Terms or otherwise. We may also report the activity to authorities, and commence, participate in, or assist any investigation into the activity leading up to such suspension or termination. Our decisions may be based on confidential criteria that are essential to our operation of the Services, management of risk, and protection of Participating Casino and Bank. We may use proprietary fraud and risk modeling when assessing the risk associated with your use of the Services. You understand and agree that such action is reasonable for us to take in order to protect us from loss and ensure the security of the Services. We reserve the right in our sole discretion to grant or deny reinstatement of all or any part of your use of the Services. We may also cancel any Cash Balance accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior, or in violation of these Terms.
e. Use of your Location Information. We will track and store information about your physical location and the IP address and device used when you use the CashClub Wallet Services. Certain gaming related CashClub Wallet Account transactions and Trusted System transfers may only be available when physically located inside the Participating Casino. If we determine that any gaming related CashClub Wallet Account transactions or Trusted System transfers were unlawfully conducted from outside of the Participating Casino’s physical location, we may reverse such transactions or Trusted System transfers, and may close your CashClub Wallet Account at our discretion. Further, any gaming activity, winnings, or prizes arising from any CashClub Wallet Account transactions or Trusted System transfers unlawfully conducted from outside of the Participating Casino’s physical location, will be forfeit, and may be voided or reclaimed by us or the Participating Casino, as applicable.
f. Sharing of information. In order to prevent financial loss, we may contact your bank, card issuer, law enforcement, or affected third parties (including the Participating Casino at which you established the CashClub Wallet Account and any affected Connected Systems). We may share details of your CashClub Wallet Account activity and accounts you are associated with if we believe doing so may prevent financial loss or a violation of law.
10. ABANDONED PROPERTY.
If there is no activity in your CashClub Wallet Account for a period of three (3) years and there are funds in your cash balance, Everi may close your CashClub Wallet Account and send any funds to your primary address, or if required, escheat those funds to your state of residency. Everi will determine your state of residency based on the state listed in the primary address for your CashClub Wallet Account. If your address is unknown or registered in a foreign country, the funds in your cash balance will be escheated to the State of Nevada. If required, we will notify you regarding your balance. If there is no response from you within thirty (30) days of such notification, the amount in your cash balance will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
11. PREVENTING YOUR CASHCLUB WALLET ACCOUNT FROM USE
You may lock or temporarily suspend access to your CashClub Wallet Account by either telephoning us at 844-EVERI-24 (844-383-7424) or a designated location at a participating Casino however, we may require you to provide reasonable proof of identity to our satisfaction prior to taking any action to lock or suspend access to your CashClub Wallet Account.
You may take part in Everi’s Self Transaction Exclusion Program (“STeP”) to block one or more of your accounts from transacting through our Services by completing and returning to us the form located at www.everi.com/everi-cares/.
For information on responsible gaming and assistance with problem gambling, please call the National Council for Problem Gaming at 800-522-4700 or visit their website at: www.ncpgambling.org or.
In Nevada, you may also call 1-800-522-4700 or visit
You are responsible for monitoring your CashClub Wallet Account and for securing your Registered Mobile Device used to access your CashClub Wallet Account. If you detect any suspicious activity occurring with your CashClub Wallet Account, you must contact us at 844-Everi-24 (844-383-7424) without delay.
You are solely responsible for maintaining the security of your Participating Casino Player Card, Registered Mobile Devices and the authentication credentials used in connection with the Services, including your CashClub Wallet Account PIN, and the passcode to your Registered Mobile Device(s) (collectively, your “Credentials”). If you authorize or allow anyone else to use your CashClub Wallet Account (e.g., by providing the passcode to your Registered Mobile Device, allowing a third party to utilize your Registered Mobile Device or your Participating Casino Player Card or PIN, or otherwise providing any of your Credentials to a third party), or fail to lock your Registered Mobile Device with a passcode, other persons may be able to make payments, transfers, or withdrawals with your CashClub Wallet Account and make payments, transfer, or withdraw money from any enrolled accounts, and you will be responsible for all transactions on your CashClub Wallet Account made by such individuals.
We are not responsible for any lost or stolen Credentials, or transactions or transfers made by anyone other than you who uses your Credentials to access your CashClub Wallet Account.
* You must lock your Registered Mobile Device with a passcode.
* You must always protect and keep your PIN and passcodes confidential.
* Do not use any part of your Participating Casino Player Card number as your PIN, or any other easily guessable number.
* Do not write your PIN on your Participating Casino Player Card, store your PIN together with your Participating Casino Player Card or share your PIN or passcode with others.
* Always take care that others are not able to see you enter your PIN or passcode.
13. ERROR RESOLUTION
All transactions and Connected System transfers accepted by the CashClub Wallet Services will be displayed in your CashClub Wallet Account history. It is your responsibility to contact us or the Participating Casino if you believe an error or unauthorized transaction has occurred.
Telephone us 844-EVERI-24 (844-383-7424)
Write to us Everi Payments Inc.
Attn: CashClub Wallet Services
7250 S. Tenaya Way
Las Vegas, NV 89113
Notify us as soon as you can if you think your confirmation or account history is wrong or if you need more information about a transaction or Connected System transfer listed on the confirmation or account history.
If you discover an error with your CashClub Wallet Account, contact us without delay. Filing a chargeback, reversal, or stop payment with your financial institution related to a transaction made through the Services does not constitute notice of an error to us. You must contact us directly to notify us of errors. You agree that any unauthorized use by a person to whom you have given authority to use your Credentials or to whom you have otherwise provided your Credentials does not constitute an error, and that you will be liable for all such uses by such person.
An “error” means the following:
* When money is either incorrectly taken from your CashClub Wallet Account or incorrectly placed into your CashClub Wallet Account.
* When a transaction or Connected System transfer is incorrectly recorded in your CashClub Wallet Account.
* You request a transaction or Connected System transfer and an incorrect amount is debited from or credited to the applicable account enrolled to your CashClub Wallet Account.
* A transaction or Connected System transfer is missing from or not properly identified in your CashClub Wallet Account transaction history.
* We make a computational or mathematical error related to your CashClub Wallet Account.
When you notify us of an issue or a suspected error:
* Tell us your name and the name of the Participating Casino.
* Tell us your Participating Casino Players Card number enrolled to your CashClub Wallet Account.
* Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
* Tell us the dollar amount of the suspected error.
If you tell us orally about an error you suspect, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we ask you to put your complaint or question in writing and we do not receive it within 14 Business Days, we may not credit your Cash Balance.
In the event of an error, you authorize us to make the appropriate adjustment to your Everi CashClub Wallet Account. You agree that if any sum is incorrectly credited to your Everi CashClub Wallet Account in error, we may reverse such credit(s) and/or recover such sum(s) from your CashClub Wallet Account with interest, if withdrawn. If the improperly credited sum(s) are used for gaming credits or transferred to a Connected System, or used to make purchases via CashClub Wallet Services, we, or the Participating Casino can void (i.e., cancel) all such transaction(s) and reverse any winnings.
If you believe that an unauthorized or otherwise problematic transaction or transfer has taken place under your CashClub Wallet Account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 60 days after the transaction or transfer, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
You acknowledge that any services or goods you pay for with your CashClub Wallet Account are provided by the Participating Casino or other authorized merchant, or Connected System provider, and not by Everi. If you have a dispute related to services or goods to be provided by the Participating Casino or Connected System Provider, or with the participating location underlying any CashClub Wallet Account transaction, you must settle such dispute with the Participating Casino, Connected System provider, or the participating location, as applicable. Everi will not be liable for any refund or other compensation arising from dissatisfaction with any services or goods paid for using the CashClub Wallet Account. All payments are final unless otherwise required by law. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE CASHCLUB WALLET SERVICES.
Our Privacy Notice governs our collection, use, storage, and disclosure of your information as a result of using the Services. You acknowledge and agree that you will be presented with the opportunity to review our Privacy Notice prior to your information being used to create a CashClub Wallet Account, and if you don’t agree to these Terms or the terms of our Privacy Notice, we will not store the information you provided us for a CashClub Wallet Account.
We retain and maintain data about you and your use of the CashClub Wallet Services to fulfill our legal or regulatory obligations and for our business purposes.
We may use information provided by you to offer you promotions from time to time on behalf of the Participating Casino or on behalf of others, as otherwise allowed by law. We may use information provided by you to verify your eligibility for transactions, and for analytics and reporting purposes. We may retain data for a period longer than required by law if it is in our legitimate business interests and not prohibited by law. If your CashClub Wallet Account is closed, we reserve our ability to retain and access the data for so long as required to comply with applicable laws.
We store personal information only for as long as it is necessary for the fulfillment of the purpose for which the personal information was collected, unless otherwise required or authorized by applicable law. For example, we retain your transaction history and may retain certain identification information to comply with rules relating to payment transactions. We take measures to destroy or permanently de-identify personal information if required by law or if the personal information is no longer required for the purpose for which we collected it.
You agree that financial account transactions related to CashClub Wallet Account transactions may be handled through an ecommerce provider or any other designated third party, and you consent to such third party being involved in the processing and communication of your personal and financial information.
State law may grant you additional rights related to your privacy and our use or sale of your information. To the extent required by law, you may contact us to receive a copy of the information we maintain on file about you by calling us at 844-EVERI-24 (844-383-7424), by writing us at CashClub Wallet Services, 7250 S. Tenaya Way, Las Vegas, NV 89113, or contacting us via our website at www.everi.com. We reserve the right to request information from any person contacting us to satisfactorily confirm that the information request is authorized by you.
Residents of certain states such as Nevada and California may have the right to direct us not to license or sell certain of your information to third parties. Subject to our right to retain information necessary to our provision of the Services, to protect our legal rights, and as otherwise required for us to comply with our legal or regulatory obligations, you may direct us not to sell certain of your information by calling us at 844-EVERI-24 (844-383-7424), by writing us at CashClub Wallet Services, 7250 S. Tenaya Way, Las Vegas, NV 89113, or contacting us via our website at www.everi.com.
Our Privacy Notice can be found at www.everi.com/privacy-notice/
16. AMENDMENTS TO THESE TERMS
Your access to the CashClub Wallet Account and continued use of the CashClub Wallet Services is viewed as acceptance of these Terms, and of any revised Terms in place at the time you conduct a transaction through the CashClub Wallet Services.
We may update these Terms at any time without notice as we deem necessary to the full extent permitted by law. The most current Terms for the CashClub Wallet Services will always be available on our website (www.everi.com). The Terms in place at the time you confirm a transaction will govern that transaction. You will be given at least twenty-one (21) days’ notice prior to the effective date of any change that results in an increase in your CashClub Wallet Account fees or liability, a reduction in types of electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers. In certain instances, we may not give you advance notice if we need to make the change immediately in order to comply with applicable law or to maintain or restore the security of your CashClub Wallet Account or the Services. If any such change will not be temporary and disclosure to you of that change would not jeopardize the security of your CashClub Wallet Account or the Services, we will provide notice to you within 30 days after making the change or as otherwise required by applicable law.
You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to cease accessing and using the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.
We may provide notices to you through the App, by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Notices sent through the App will be considered received the next time you use the App. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
17. ADDITIONAL TERMS
a. Transaction Specific Terms. You may be presented with additional Terms related to a specific payment before you confirm the transaction (such as a cardholder fee or check cashing fee associated with certain methods of loading funds to your Cash Balance or sending payments through the CashClub Wallet Services). Those additional Terms will also apply to that specific transaction if you proceed with that transaction.
b. FDIC Insurance. We will hold the money credited to your Cash Balance in an omnibus custodial account at Bank or at another single, FDIC-insured bank we choose on your behalf. Deposits are aggregated for deposit insurance coverage and are not held in a bank account established in your name. If you provide information to register a verified CashClub Wallet Account with us, the amount of money that we hold in this custodial account on your behalf will be eligible for pass-through federal deposit insurance from the FDIC, together with all other funds that you hold at the Bank in the same right and capacity, up to the maximum limit established by the FDIC.
c. Connected System Providers. Certain interoperability features of CashClub Wallet may be provided by third parties (each, a “Connected System Provider”). Except as otherwise expressly provided in these Terms, we do not control, and are not responsible or liable to you for, such features or any other Connected System Provider products, services, or applications. Separate terms and conditions may apply to access and use of Connected System services. You should read those terms and conditions carefully before accessing or using any Connected Systems. You should address all disputes related to Connected Systems with the applicable Connected System Provider that provides the Connected Systems to the Participating Casino. We will not be liable for any loss or damage that may result from any interaction between you and a Connected System with respect to any Transfers or other Connected System transfers.
d. Third-Party Terms. Notwithstanding anything to the contrary in these Terms, your access to and use of the Services may be subject to separate agreements with third parties, such as your agreements with the Participating Casino, providers of Connected Systems you use, or with the issuer of your enrolled payment cards or bank accounts. You agree to comply with such agreements in connection with your access to and use of the Services. However, you acknowledge and agree that we are not a party to those agreements and are not responsible for those third parties or any products or services provided by them. In the event of a conflict, these Terms will control as between you and Everi. The terms and conditions in effect for your CashClub Wallet Account including, but not limited to terms contained in third party Connected Systems or other third-party systems integrated with the CashClub Wallet Account, including third-party CashClub Wallet Account iframe integrations, are hereby incorporated by reference and additionally apply to your use of the CashClub Wallet Account with such third-party system.
e. Payment of Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, including, without limitation, any transfers to or from and Connected Systems, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
f. Denied Transactions. You agree that Everi’s Bank has the right to collect from your CashClub Wallet Account, any amount owed to us or the Participating Casino due to nonpayment for transactions, Connected System transfers made by you, and/or insufficient fund fees owed by you. If a funding attempt is denied or reversed by your depository bank for insufficient funds, reversed at your request, or if your bank account was closed for any other reason and Bank does not receive the funds, the Bank may charge you a fee of $25.00 (or the maximum allowed by state/local law). If a transaction was made, that transaction may also be cancelled. You authorize Bank to withhold any amount(s) owed to the Participating Casino by you from your Cash Balance.
Except as otherwise stated, notices to us regarding CashClub Wallet Services must be mailed to: Everi Payments Inc., Attn: CashClub Wallet Services, 7250 S. Tenaya Way, Las Vegas, NV 89113.
You agree to indemnify, hold harmless, and (at our request) defend us and any Participating Casino and Bank, our and their affiliates, and our and their respective employees, officers, directors, agents, and contractors from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (i) your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; (iv) any action we take pursuant to your instructions; or (v) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY PARTICIPATING CASINO AND BANK, OUR AND THEIR AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE
SERVICES, THE COLLECTIVE LIABILITY OF EVERI AND ANY PARTICIPATING CASINO AND BANK, OUR AND THEIR AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND CONTRACTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND ANY PARTICIPATING CASINO OR BANK WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. ARBITRATION NOTICE
THE SERVICES ARE BEING MADE AVAILABLE AND PRICED BY EVERI ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW IN SECTION 20(c). YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.
THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
a. Arbitration of Claims. You and Everi mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Service (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Everi, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section 19(c) below, you and Everi hereby waive the right to assert any Claim in any court. As set out in Section 20(d) below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
b. Other Claims Subject to Arbitration. In addition to Claims brought by either you or Everi, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of Everi will be subject to arbitration as described herein.
c. Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court. This arbitration provision does not limit or constrain Everi’ right to interplead funds in the event of claims to funds associated with your CashClub Wallet Account by several parties.
d. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Everi both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of these Terms. Related CashClub Wallet Accounts are considered as one person, and Everi, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
e. Arbitration Fees. If you initiate arbitration, Everi will advance any arbitration fees, including any required deposit. Everi will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction, or (2) US$ 250, whichever is lesser. If Everi initiates or elects arbitration, Everi will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, Everi will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.
f. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the State in which you are a legal resident. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within the federal judicial district in which you live, or in a reasonably convenient location as agreed by the parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity but may not grant any form of relief identified in Section 20(d) above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
g. Confidentiality. You and Everi agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Everi agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
h. Severability. Except as provided in Section 19(d), any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.
22. FUNDS TRANSMISSION
(a) We are a licensed money transmitter under the laws of various U.S. states.
(b) You acknowledge that:
(i) we are not a bank;
(ii) funds in the process of transmission from your Wallet Account to a Participating Casino or other designated recipient are not deposits of Everi or any financial institution;
(iii) funds in the process of transmission are not insured by any government agency; and
(iv) we do not pay interest on Members’ fund balances.
23. TRANSMITTER LICENSES
Everi Payments Inc. is licensed and regulated as a money transmitter in a number of jurisdictions as listed below.
If you have a question or complaint, please contact us at the address or phone number listed below.
Everi Payments Inc.
7250 S. Tenaya Way
Las Vegas, NV 89113
Residents of certain states may have specific rights related to concerns or complaints about our payment services.
JURISDICTION LICENSE STATE AGENCY
Alabama Sale of Checks Act MT#449 Securities Commission
Arizona Transmitters of Money Act MT-0911122 Department of Financial Institutions
California Money Transmission Act MT#2523 Department of Business Oversight
(as agent for GCA MTL, LLC)
If you have complaints with respect to any aspect of the money transmission activities conducted via this CashClub Wallet Account, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at [email protected], or by mail at the Department of Business Oversight, Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814.
JURISDICTION LICENSE STATE AGENCY
Connecticut Money Transmission Act #MT-938881 Department of Banking
Delaware Sale of Checks Act & Transmission of Money Office of State Banking Commissioner
Florida Money Transmitters Part II #FT230000010 Office of Financial Regulation
If you are a user in the State of Florida and you still have an unresolved complaint regarding Everi Payments Inc.’s money transmission activity after first contacting Everi Payments Inc., please direct your inquiry to: Florida Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, FL 32399-0376, or at 1-800-848-3792.
JURISDICTION LICENSE STATE AGENCY
Idaho Money Transmitters Act #MTL-118 Department of Finance
Illinois Transmitters of Money Act #MT.0000191 Department of Financial Institutions,
Division of Financial Institutions
If you are a user in the State of Illinois and you still have an unresolved complaint regarding Everi Payments Inc.’s money transmission activity after first contacting Everi Payments Inc., please direct your inquiry to: Illinois Department of Financial and Professional Regulation at 1-888-473-4858.
JURISDICTION LICENSE STATE AGENCY
Iowa Uniform Money Services Act #2010-0003 Division of Banking
Kansas Transmission of Money Act #MT.0000062 Office of State Bank Commissioner,
(as agent for GCA MTL, LLC) Division of Banks
Kentucky Money Transmission Act #SC71425 Office of Financial Institutions
Louisiana Sale of Checks & Money Transmitters Act#357 Office of Financial Institutions
Maine Money Transmitters Act # MD1467 Department of Professional and
Maryland Money Transmission Act #938881 Commissioner of Financial Regulation
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Everi Payments Inc., license number 938881, at Commissioner of Financial Regulation, Attention: Consumer Services Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202. The Commissioner’s toll-free telephone number is: 1-888-784-0136.
JURISDICTION LICENSE STATE AGENCY
Michigan Money Transmission Services Act #MT0016978 Office of Financial and Insurance
Minnesota Money Transmitters Act # MN-MT-52080 Department of Commerce Division of
Nebraska Sale of Checks and Funds Transmission Law Department of Banking and Finance
Nevada Nevada Revised Statutes #MT10054 Department of Business and Industry
New Hampshire Money Transmitter Law #15266-MT New Hampshire
New Jersey Money Transmitters Law #L063185 New Jersey
New Mexico No Number New Mexico
North Carolina Money Transmitters Act #157349 North Carolina
North Dakota Money Transmitters Law #MT102044 North Dakota
Ohio Transmitters of Money Law #OHMT073 Ohio
Oregon Money Transmitter Act #MTX-30193 Division of Finance & Corporate
Pennsylvania Transmitting Money Act #30508 Pennsylvania Department of Banking
Rhode Island Sale of Checks #20122886SC Rhode Island Department of Business
Regulation, Division of Banking
Puerto Rico Money Transfer Businesses Law #TM-036 Bureau of Financial Institutions
South Dakota Money Transmitter Act # MT.2048 Division of Banking
Washington Uniform Money Services Act #550-MT-52662 Department of Financial Institutions
West Virginia Issuance and Sale of Checks, Drafts and Division of Banking
Money Orders Act # WVMT-938881
Wyoming Money Transmitter Act #7159 Division of Banking
a. Governing Law; Jurisdiction. These Terms will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, the laws of the State of Nevada. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada with respect to all controversies arising out of or in connection with your access to and use of the Services and these Terms that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award.
b. Our Business Days. Our business days are Monday through Friday, excluding U.S. federal banking holidays and legal banking holidays in the State of Nevada.
c. Entire Agreement. These Terms, together with the Privacy Notice, set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the Services and supersede any prior or contemporaneous understandings or agreements with respect to the Services. If any of the provisions of these Terms are invalid, or declared invalid by order of court, change in applicable law, or regulatory authority, the remaining provisions of these Terms will not be affected, and these Terms will be interpreted as if the invalid provisions had not been included in these Terms. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made a part of these Terms. These Terms and any rights hereunder, including your CashClub Wallet Account, may not be sold, transferred, or assigned by you without our prior written consent, but may be sold, transferred, or assigned by us in whole or in part without restriction and without your prior consent. Any attempted sale, transfer, or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The failure by us to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, to require at any time your performance of any of the provisions herein, or to enforce our rights under these Terms or applicable law will not in any way be construed as a waiver of such provisions or rights. The section headings used herein are for convenience only and will not be given any legal import.
d. Ownership and Proprietary Rights. All right, title, and interest in and to the Services and the App (collectively, the “Everi IP”), including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to us and our licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Everi IP. You acknowledge and agree that the Everi IP are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Everi IP that are marked by the ™ or ® symbols are trademarks and service marks of Everi Payments Inc. and/or their respective owners. The display of a third-party trademark in connection with the Everi IP does not mean that we have any relationship with that third party or that such third party endorses the Everi IP.
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non- transferable right and license to access and use the Everi IP solely for your personal, non-commercial purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Everi IP in any form by any means.
Without limiting the foregoing, you agree not to (and not to allow any third party to): (i) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Everi IP; (ii) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Everi IP or our infrastructure; (iii) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Everi IP; (iv) rent, lease, copy, provide access to, or sublicense any portion of the Everi IP to a third party; (v) use any portion of the Everi IP to provide, or incorporate any portion of the Everi IP into, any product or service provided to a third party; (vi) remove or obscure any proprietary or other notices contained in the Everi IP; or (vii) use the Everi IP for any illegal or unauthorized purpose.
Without limiting any of the other terms of these Terms and except as otherwise expressly permitted by us, you may not: (i) access or use any part of the Everi IP for any commercial purpose; (ii) access or use the Everi IP for any illegal purpose; (iii) modify or attempt to modify or in any way tamper with the Everi IP; (iv) access or use the Everi IP in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (v) interfere with or disrupt networks connected to the Everi IP or violate the regulations, policies, or procedures of such networks.
25. EFFECTIVE DATE
These Terms are effective October 1, 2019 to present.
If you have any questions regarding these Terms or the Services, please contact us at