AMERICAN SABIO DIGITAL WALLET TERMS AND CONDITIONS
Effective as of December 19, 2022
THESE AMERICAN SABIO DIGITAL WALLET TERMS AND CONDITIONS (the “Digital Wallet Terms”) are a legal agreement between you (“you,” “your”) and us (“us,” “we,” “our”). Please read these Digital Wallet Terms carefully before using, accessing, or interacting in any way with any of our websites, mobile applications or other online or electronic methods (collectively, the “Websites”) or utilizing any of our associated content, products or services (the “Services”) or establishing any membership or account associated with the Websites or Services (an “Account”).
A. Consent. By in any way accessing, using or interfacing with our Websites, Services or Accounts (collectively, the “Proprietary Materials”) you represent that you have read and understand these Digital Wallet Terms and consent and agree to be bound by the same in consideration of the covenants and conditions herein and other good and valuable consideration received. If you do not accept all of these Digital Wallet Terms, then please do not access, use or interface in any way with our Proprietary Materials.
C. Modifications. We may modify, revise or update these Digital Wallet Terms at any time, by updating this posting. You should visit this page from time to time to review the then-current Digital Wallet Terms because the Digital Wallet Terms are binding on you. Your continued use of our Proprietary Materials will be subject to the Digital Wallet Terms in effect at the time of your use. Certain provisions of these Digital Wallet Terms may be superseded by expressly designated legal notices or terms located on particular areas of the Proprietary Materials.
D. Supremacy. These Digital Wallet Terms supersede any prior terms and conditions relating to the use of our Proprietary Materials before the date stated above. Unless specifically provided herein, these Digital Wallet Terms do not supersede any additional Supplier or Payment Network terms for carriage, awards, or attractions provided elsewhere in connection with our Proprietary Materials. In the event of any conflict between these Digital Wallet Terms and any additional Supplier or Payment Network terms, as between you and us, these Digital Wallet Terms shall govern.
1. CERTAIN DEFINITIONS. In these Digital Wallet Terms, words that commence with a capital letter are defined in this section, in the preamble, or elsewhere in these Digital Wallet Terms. Any capitalized terms that are not otherwise defined in these Digital Wallet Terms shall have the same meanings as set forth in the General Terms.
a. “Payment Network” means any payment network associated with an Account such as banks and banking services, credit unions and services, credit card companies and services, debit card companies and services, digital wallet companies and services, and/or other various types of payment networks.
b. “Payment Network Information” means any information associated with a Payment Network and affiliated accounts including account numbers, names, users, addresses, codes, expiration dates, credit reports, etc.
2. ACCOUNT REGISTRATION. You must open an Account to use the Services. You are fully responsible for all activity that occurs under your Account, including for any actions taken by persons to whom you have granted access to the Account. We reserve the right to change the Account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. No interest will accrue on any funds associated with or credited to an Account. An Account is not a credit card and does not provide overdraft protection or any line of credit. The funds associated with an Account are not insured by the Federal Deposit Insurance Corporation or any other governmental agency. Upon activating an Account, you authorize us to make the balance in the Account available for making purchases with the Account. An Account is not redeemable for cash and cannot be resold, exchanged or transferred for value, except as required by law. We disclaim all express or implied warranties as to any Account.
3. ACCOUNT INFORMATION. During registration we will ask you for information, which may include but is not limited to, your name, street address, date of birth, Social Security number, driver’s license and other personal information and ask you to answer security-related questions that will allow us to identify you. You must provide accurate and complete information in response to our questions and you must keep that information current. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information or your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new account. In connection with your use of the Proprietary Materials, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or the Documents, (b) provide confirmation of your identity or, (c) provide confirmation of any information you provide us.
5. AFFILIATING A PAYMENT NETWORK WITH AN ACCOUNT. You may elect to affiliate a Payment Network to an Account all subject to the separate terms and conditions of that Payment Network. A Payment Network may charge separate fees for this service and certain transactions such as transactions outside the United States. By affiliating a Payment Network to an Account, you may provide us with certain Payment Network Information associated with your Payment Network.
6. ACCOUNT SECURITY. You are solely responsible for maintaining the security of your user identification, passwords, and all other authentication credentials including Payment Network Information used in connection with an Account (the “Authentication Credentials”). You agree to protect and keep your Authentication Credentials secure and confidential. If you share Authentication Credentials with others, those individuals or entities may be able to access your Account and make purchases with your Account or obtain your personal information. Do not send your Authentication Credentials in an e-mail or text message. Make sure your Authentication Credentials are secured with encryption when you use your Account to perform transactions over the Internet or wireless networks. We reserve the right to block you from adding an otherwise eligible Payment Network to an Account, suspend your ability to use a Payment Network to make purchases, or cancel entirely your ability to continue to use a Payment Network for an Account. We may take these actions at any time and for any reason, such as if we suspect fraud with a Payment Network or Account. We may use proprietary fraud and risk modeling when assessing the risk associated with your use of an Account. 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 Proprietary Materials. We reserve the right in our sole discretion to grant or deny reinstatement of your use of an Account. We are not responsible if an Account is used without your permission. You may remove a Payment Network from an Account. We may refuse to process any transaction associated with any Account at any time and for any reason.
8. STOLEN OR COMPROMISED AUTHENTICATION CREDENTIALS. The Account does not provide consumer protections, including Regulation E protections, for lost or stolen cards or unauthorized transactions. Until you report Authentication Credentials as stolen or compromised or report an unauthorized transaction on an Account, you are fully responsible for all transactions if the Account is used for such transactions. Contact our Customer Service immediately if you or an Authorized User believe: (a) your Authentication Credentials have been stolen or compromised, or (b) someone has or may use your Account without your permission.
9. NO STOP PAYMENT. An Account may not be used to stop payment on any Services originated through the Account. You are responsible for all authorized transactions initiated by use of the Account. Cancelling your Account will not prevent processing of pending transactions initiated prior to cancelling your Account. Nothing herein shall limit your rights to try to stop payment on Services in coordination with a Payment Network.
10. REFUNDS AND DISPUTES. You will not receive cash refunds for Account transactions. If a Supplier or merchant gives you a credit for merchandise returns or adjustments, the Supplier or merchant may do so by processing a credit adjustment. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Account. All such disputes must be addressed and handled directly with the Supplier or merchant from whom those goods or services were purchased.
11. ACCOUNT LIMITS. You can only make transactions using an Account to the extent that you have funds in your Account to support those transactions. If you make a purchase or other transaction that exceeds the balance available in your Account, you agree that we can recover any negative balance incurred through various means including but not limited to your transaction proceeds and linked funding sources. If you have zero funds in your Account, any subsequent transaction authorizations using your funds in your Account will be declined. Any transaction attempted for more than the amount available in your Account may be declined if that merchant does not accept more than one form of payment.
12. ACCOUNT HOLDS. When you use your Account to initiate a transaction where the final purchase amount is unknown at the time of authorization, the merchant(s) may choose to authorize a hold of an amount in excess of the actual transaction amount. The hold will be placed on the available funds in your Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant has sent the final transaction amount. During that period, you will not have access to the funds subject to the hold.
13. ACCOUNT DELAYS. You acknowledge and agree that from time to time, your use of your Account in connection with a Payment Network or Supplier may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our Related Parties will be liable for any claim arising from or related to use of your Account through a Payment Network or Supplier due to such delay, interruption, disruption or similar failure.
14. ACCOUNT CHANGES. Subject to applicable law, at any time we may (i) terminate your use of your Account, (ii) modify or suspend the type or dollar amounts of transactions allowed using an Account, (iii) change an Account’s eligibility for use with a payment network, and (iv) change the Account authentication process.
15. UNCLAIMED PROPERTY. If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require us to report the funds in your Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.
16. PAYMENT NETWORKS AND SUPPLIERS. Any Payment Network or Supplier and third parties that support that Payment Network are without warranty from us. We do not provide any warranty for a Payment Network or Supplier. We are not responsible for the delivery, quality, safety, legality, or any other aspect of goods and services of any Payment Network or Supplier. We are not responsible for maintenance or other support services for a Payment Network or Supplier and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to a Payment Network or Supplier including, without limitation, any third-party product liability claims, claims that a Payment Network or Supplier fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to Intellectual Property infringement. Any inquiries or complaints relating to the use of a Payment Network or Supplier, including those pertaining to Intellectual Property rights, must be directed to the Payment Network or Supplier or the other third parties supporting the same. The carriers, lodging and other Suppliers providing travel or other services in connection with the Proprietary Materials are independent contractors and not agents or employees of ours. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
17. NO ABUSE. You shall not use any Account or Payment Network in a manner that (a) we or any Payment Network reasonably believe to be an abuse or violation of a Payment Network system or association rules, (b) provides yourself a cash advance from a credit card (or helps others to do so), (c) uses any Account or Payment Network to make transactions for the purpose of earning rewards, perks, miles, points, etc. with an Account, or (d) uses any Account or Payment Network to receive an unjust benefit or enrichment;
6850 S. Bermuda Rd.
Las Vegas, NV 89119
Effective as of November 30, 2022