Take Charge Smart Register™ Terms of Service

Thank you for downloading the Take Charge Smart Register™ App. Your download of the Take Charge Smart Register™ App does not automatically entitle you to use the Take Charge Smart Register™ Services. You must have a merchant processing agreement with Take Charge LLC (“Take Charge”) or another company that provides you with Take Charge’s merchant processing services (“Provider”).

 

By agreeing to these Take Charge Smart Register™ Terms, you are acknowledging that (a) you have a merchant processing agreement (which allows you to accept payment cards for the sale of your goods or services) with Take Charge or another Provider (“Agreement”). Please see Section 7 below regarding fees relating to the Take Charge Smart Register™ Services.

 

If you do not receive merchant processing services from Take Charge or another Provider, you may still download this application, but you will not be able to use it until you have an agreement in place for Take Charge’s merchant processing services.

 

These Take Charge Smart Register™ Terms of Service (“Take Charge Smart Register™ Terms”) supplement, and are a part of, your Agreement. The Take Charge Smart Register™ Terms and the Agreement govern the Take Charge Smart Register™ Services (defined below), except to the extent the Take Charge Smart Register™ Terms directly conflict with another provision of the Agreement, in which case these Take Charge Smart Register™ Terms will control.

 

The Take Charge Smart Register™ Services are provided to you by Take Charge or Provider and not by the bank that provides card association sponsorship and settlement-related services in connection with your transactions (“Bank”). Bank is not a party to these Take Charge Smart Register™ Terms, and you acknowledge that Bank is not liable to you in any way with respect to the Take Charge Smart Register™ Services.

 

When used in these Take Charge Smart Register™ Terms, the words “we,” “our,” and “us” refer only to Take Charge or Provider (depending on whether your Agreement is with Take Charge or Provider) and not to Bank, and “you” and “your” refer to the business whose merchant account number is associated with the authentication credentials used to activate the Take Charge Smart Register™ Services.

 

1

 

Definitions. Capitalized words and phrases have the meanings given to them in these Take Charge Smart Register™ Terms or elsewhere in the Agreement.

 

Account Data” means (a) all data collected from you by the Take Charge Website; and (b) all data provided by you, or collected from you, through your registration, installation, or use of the Take Charge Smart Register™ Services, including Customer Information, transaction information, and information about Your Device and your business and employees.

 

App Distributor” means the Apple® App Store and Google Play™ online application stores and their respective agents, subcontractors, representatives, and employees.

 

Take Charge Smart Register™ App” means:

  1. the object code (non-modifiable) version of the Take Charge Smart Register™ application you download and activate by entering your authentication credentials; and
  2. any updates to that application (including bug fixes, modifications, enhancements, upgrades, revisions, new releases, or new versions).

 

Take Charge Smart Register™ Marks” means the trademarks or service marks used in connection with the Take Charge Smart Register™ Services, now or in the future.

 

Take Charge Smart Register™ Reader” means a card reader you separately obtain from us and attach to Your Device. The Take Charge Smart Register™ Reader is “Equipment” as defined in the Agreement (if applicable to your Agreement with Take Charge or Provider).

 

Take Charge Smart Register™ Services” means (a) the mobile payments services that are provided to you through the Take Charge Smart Register™ Reader, the Take Charge Smart Register™ App, and Your Device and enable you to (i) initiate a payment (of a supported payment type that you are permitted to accept) by capturing payment factor data and transaction data and transmitting that data to us, (ii) receive an authorization or decline message from us, and (iii) provide Customers with an electronic receipt via text or email (paper receipts are not supported); and (b) the services that are provided to you through the Take Charge Website. The defined term “Take Charge Smart Register™ Services” excludes Third Party Services and the App Market.

 

Take Charge Website” means (a) the website we make available to you from time to time, located at www.takechargeanywhere.io (or any successor website or URL), (b) the object code (non-modifiable) version of software that is available to you from time to time on that website or via a web dashboard, other than software found in the App Market, and (c) any updates or other modifications to that website or software. The defined term “Take Charge Website” excludes Third Party Services and the App Market.

 

Customer” means an individual or entity that makes a purchase of goods or services from you via a transaction using the Take Charge Smart Register™ Services.

 

Customer Information” means information about a Customer (for example, name, email address, telephone number) obtained in connection with your use of the Take Charge Smart Register™ Services.

 

Security Information” means all account numbers, authentication credentials (including usernames and passwords, as well as security questions and answers), login details, and any other security or access information associated with your merchant account number or with the registration or installation of the Take Charge Smart Register™ App on Your Device, or used in connection with the Take Charge Smart Register™ Services.

 

Third Party Service” means any service, product, promotion, or application (including App Market software/applications) that you choose to obtain via an agreement between you and the developer/provider of the service, product, promotion, or application.

 

Your Device” means any smartphone or other mobile device owned or used by you and identified by us from time to time as compatible with and capable of supporting the Take Charge Smart Register™ Services.

 

2

 

Binding Contract

 

2.1

The Take Charge Smart Register™ Terms, together with the Agreement, form a legally binding contract between you and us and govern your access to and use of the Take Charge Smart Register™ Services. By accepting payments through Your Device or by clicking to accept these Take Charge Smart Register™ Terms, you are choosing to receive the Take Charge Smart Register™ Services, and you agree to comply with these Take Charge Smart Register™ Terms. You agree that you are responsible for all persons using any part of the Take Charge Smart Register™ Services under authentication credentials associated with your merchant account number.

 

2.2

The person clicking to agree to these Take Charge Smart Register™ Terms does so on your behalf and also represents and warrants on your behalf that: (a) s/he is authorized to bind you to these Take Charge Smart Register™ Terms; and (b) neither you nor that person is barred or otherwise legally prohibited from accessing or using the Take Charge Smart Register™ Services.

3

 

License.

 

3.1

While these Take Charge Smart Register™ Terms are in effect, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to: (a) install the Take Charge Smart Register™ App on Your Devices; and (b) electronically access and use (in the United States only) the Take Charge Smart Register™ Services to conduct point of sale and associated activities for your business in compliance with these Take Charge Smart Register™ Terms and the Agreement. The Take Charge Smart Register™ Services are for your internal business use only. For purposes of these Take Charge Smart Register™ Terms, “United States” does not include United States territories or possessions.

3.2

 

The license in Section 3.1 is provided by us and not by the App Distributor. The App Distributor is not a party to these Take Charge Smart Register™ Terms.

3.3

 

These Take Charge Smart Register™ Terms do not grant you any rights to the Take Charge Smart Register™ Marks. All intellectual property rights and other proprietary rights in or related to the Take Charge Smart Register™ App, Take Charge Smart Register™ Services, or Take Charge Smart Register™ Marks are, and will remain, our sole and exclusive property or the sole and exclusive property of our vendors or our licensors (as applicable). We reserve and withhold all rights, title, and interests associated with the Take Charge Smart Register™ App, Take Charge Smart Register™ Services, or the Take Charge Smart Register™ Marks that we do not expressly license to you in these Take Charge Smart Register™ Terms. We may revoke this license without notice to you if (a) you fail to comply with these Take Charge Smart Register™ Terms or the Agreement, or (b) you misuse the Take Charge Smart Register™ App, Take Charge Website, or Take Charge Smart Register™ Services. Any license we provide to the Take Charge Smart Register™ App or Take Charge Smart Register™ Services will automatically terminate when these Take Charge Smart Register™ Terms terminate.

 

4

 

Restrictions.

 

4.1

 

You are not permitted to, and you must not permit any third party to, do any of the following:

  1. attempt to access any part of the Take Charge Smart Register™ Services that is not intended to be available to you;
  2. attempt to avoid or defeat any security or authentication measure in the Take Charge Smart Register™ Services;
  3. attempt to discover or recreate any source code, underlying ideas, processes, or algorithms of the Take Charge Smart Register™ Services by any means (including by decompiling, disassembling, or reverse engineering);
  4. modify the Take Charge Smart Register™ Marks or Take Charge Smart Register™ Services in any manner;
  5. create derivative works of, or based on, the Take Charge Smart Register™ Marks or Take Charge Smart Register™ Services;
  6. directly or indirectly copy the Take Charge Smart Register™ Services except for backup purposes and except as strictly necessary to execute (i) a separately downloaded instance of the Take Charge Smart Register™ App on any of Your Devices, or (ii) any other part of the Take Charge Smart Register™ Services;
  7. republish, upload, post, transmit, disclose, or distribute (in any format) the Take Charge Smart Register™ Services;
  8. access or use (in any format) the Take Charge Smart Register™ Services through any time‐sharing service, service bureau, network, consortium, or other means;
  9. rent, lease, sell, sublicense, assign, or otherwise transfer your license to any third party, whether by operation of law or otherwise;
  10. without first obtaining our written consent (i) use, ship, or transship the Take Charge Smart Register™ Services outside of the United States, or (ii) access the Take Charge Smart Register™ Services from outside the United States;
  11. remove or modify any proprietary rights notices relating to the Take Charge Smart Register™ Services;
  12. (attempt to perform any action that is reasonably likely to (i) interfere with the proper working of the Take Charge Smart Register™ Services, (ii) prevent access to or use of the Take Charge Smart Register™ Services by other users, or (iii) in our reasonable judgment, impose an unreasonable or disproportionately large load on our infrastructure, network capability, or bandwidth; or
  13. use the Take Charge Smart Register™ Services except as permitted in these Take Charge Smart Register™ Terms and the Agreement.

 

4.2

 

You will not (a) take any action inconsistent with the ownership described in Section 4.3, or (b) file any action, in any forum, that challenges the ownership of the Take Charge Smart Register™ Marks or Take Charge Smart Register™ Services.

 

5

 

Take Charge Smart Register™ Services Restrictions and Requirements.

 

5.1

 

You are required to register and create an account to use the Take Charge Smart Register™ Services. In connection with our registration process, you agree to: (a) provide true, accurate, current, and complete information about yourself and your business; and (b) maintain and update this information to keep it true, accurate, current, and complete. If any information you provide is untrue, inaccurate, out-of-date, or incomplete, we have the right to terminate your Take Charge Smart Register™ Services account and refuse to allow you to use the Take Charge Smart Register™ Services now or in the future.

 

5.2

 

You may use the Take Charge Smart Register™ App and access the Take Charge Website through Your Device using a wireless (Wi-Fi or cellular) connection to the Internet. You may also use other devices with Internet service to access the Take Charge Website. You are solely responsible for the payment of any fees that may be imposed by the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Take Charge Website. Your use of the Take Charge Smart Register™ Services may be subject to: (a) the terms of any agreement you have with the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Take Charge Website; and (b) the availability, transmission range, or uptime of the services provided by the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Take Charge Website.

 

5.3

 

The Take Charge Smart Register™ Services do not support offline point of sale activities and require Internet connectivity for proper functioning.

 

5.4

 

Currently, only iOS® and Android operating systems are compatible with the Take Charge Smart Register™ App. The Take Charge Smart Register™ App does not function with every mobile device that uses iOS and Android. We may from time to time change which devices are compatible with the Take Charge Smart Register™ App.

 

5.5

 

We or our service providers may perform maintenance on the Take Charge Smart Register™ Services from time to time, which may result in service interruptions, delays, or errors. You may be offered new services, software, or applications that may be in beta testing and not final. As such, the Take Charge Smart Register™ Services may contain errors and “bugs” that may result in failure. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we or our service providers may contact you in order to assist you with the Take Charge Smart Register™ Services and to obtain information needed to identify and fix any errors.

 

5.6

 

You agree at all times to comply with any operating procedures, requirements, or guidelines regarding your use of the Take Charge Smart Register™ Services that are posted on the Take Charge Website or otherwise provided or made available to you.

 

5.7

 

You are solely responsible for complying with all laws, rules (including payment organization rules), and regulations that apply to your business, and (despite your use of the Take Charge Smart Register™ Services to facilitate your payment transactions and associated activities for your business) we disclaim all liability for your failure to comply with laws, rules, and regulations.

 

5.8

 

You are solely responsible for ensuring the accuracy of all information and data regarding your business that you provide to us or our service providers in connection with the Take Charge Smart Register™ Services. In addition, you are solely responsible for verifying that all information and data loaded onto any of Your Devices by us or our service providers at your request are accurate before you use the Take Charge Smart Register™ Services. We and our service providers disclaim all liability arising out of any inaccuracies with respect to such information or data.

 

5.9

 

Each Customer that requests delivery of a transaction receipt via text message or email must enter the telephone number or email address in the appropriate space displayed on Your Device. You are not permitted to, and you agree that you will not, add or modify any Customer Information on the Customer’s behalf under any circumstances. You understand, acknowledge, and agree that when a Customer gives you Customer Information in order to obtain a receipt from you, the Customer is NOT consenting to receive any marketing material or other communication from you via text message or email.

 

5.10

 

Despite the capability of the Take Charge Smart Register™ Services to collect and store Customer Information and to allow you to provide marketing materials to Customers, some laws limit your use, and/or disclosure to third parties, of Customer Information once you collect it, even if the Customer provides consent, verbally or in writing. You understand, acknowledge, and agree that: (a) your use, and/or disclosure to third parties, of Customer Information obtained through your use of the Take Charge Smart Register™ Services may be subject to local, state, and/or federal laws, rules, and regulations; (b) you are solely responsible for knowing all of those laws, rules, and regulations; and (c) you will at all times strictly comply with all of those laws, rules, and regulations.

6

 

Fees. You agree that you will pay us the additional setup fee (if any) and monthly Take Charge Smart Register™ Services fee identified in the Agreement or in a separate addendum between you and us. If you are an existing merchant processing client who has requested the Take Charge Smart Register™ Services by telephone, then the additional setup fee (if any) and monthly Take Charge Smart Register™ Services fee communicated to you at that time and will appear on your merchant account statement following your activation of the Take Charge Smart Register™ Services.

 

7

 

Privacy and Data Use.

 

7.1

 

Account Data is collected by Take Charge and not by the Bank; therefore, the Take Charge Privacy Policy (which is available for you to review at https://www.takechargeanywhere.io/privacy_policy) controls the use and sharing of Account Data.

 

7.2

 

In addition to the use and sharing of Account Data described in the Privacy Policy, you acknowledge and agree that: (a) at our request we may access your Account Data and Sensitive Information (defined below), as well as information about Your Device, and our use of this data will be governed by these Take Charge Smart Register™ Terms and the Agreement; and (b) certain data collected by us or the Take Charge Website in connection with the Take Charge Smart Register™ Services may be (i) shared with third parties, and (ii) retained and used by us, the Take Charge Website, or third parties for purposes of improving our products and services, developing new products and services, providing additional products and services to you, and/or providing products and services to third parties. As permitted by law, our sharing and use may include collecting and de-identifying cardholder information, dates, amounts, and other data from your transactions and aggregating it with other merchants’ de-identified transaction data to provide you, other merchants, and third parties with analytics products and services.

 

7.3

 

Please be aware than any information collected from you, or provided by you, in connection with a Third Party Service is governed solely by the privacy policy of the Third Party Service developer/provider. You will be able to review the privacy policies of Third Party Service developers/providers before using the Third Party Services.

 

8

Protecting Information.

 

8.1

 

You are solely responsible for ensuring that Security Information, Account Data, and Customer Information (all together, “Sensitive Information”) is kept safe and confidential and for preventing any unauthorized access to, or any loss, theft, or unauthorized use of, Sensitive Information. If you allow third parties (including Internet service providers) access to Sensitive Information, you are responsible for their acts and omissions, including their compliance with all applicable laws, rules (including payment organization rules), and regulations.

 

8.2

 

You must implement appropriate measures designed to (a) ensure the security and confidentiality of Sensitive Information, (b) protect against anticipated threats or hazards to the security or integrity of Sensitive Information, (c) protect against any unauthorized access to, or any loss, theft, or unauthorized use of, Sensitive Information that could result in substantial harm or inconvenience to any Customer, and (d) ensure that Sensitive Information is properly disposed of.

 

8.3

 

You must also take appropriate actions to address incidents of unauthorized access to, or loss, theft, or unauthorized use of, Sensitive Information. You must immediately notify us if you become aware of any unauthorized access to, or loss, theft, or unauthorized use of, Sensitive Information (see Take Charge Smart Register™ Services support center contact information below).

 

8.4

 

You are responsible for all electronic communications sent to us or to any third party containing Sensitive Information. When we receive communications containing your Sensitive Information, we assume you sent it to us, and when we receive communications containing your Sensitive Information, we assume you sent it to them. You should not send Sensitive Information to us or third parties through unsecure channels outside of the Take Charge Smart Register™ Services.

 

8.5

 

We reserve the right to deny you access to the Take Charge Smart Register™ Services if we believe that any unauthorized access to, or any loss, theft, or unauthorized use of, Sensitive Information has occurred.

 

9

 

Term and Termination.

 

9.1

 

These Take Charge Smart Register™ Terms become effective on the day we begin providing the Take Charge Smart Register™ Services to you and will terminate as described in this Section 9.

 

9.2

 

These Take Charge Smart Register™ Terms will terminate automatically when the Agreement terminates. In addition, either you or we may terminate these Take Charge Smart Register™ Terms at any time by giving thirty (30) days’ advance written notice to the other party.

 

9.3

 

We will have the right to suspend the Take Charge Smart Register™ Services (in total or in part) or terminate these Take Charge Smart Register™ Terms by giving you written notice if: (a) we determine that you are using the Take Charge Smart Register™ Services for any fraudulent, illegal, or unauthorized purpose; (b) you fail to comply with these Take Charge Smart Register™ Terms or the Agreement; (c) we terminate our agreement with any third parties that are involved in providing the Take Charge Smart Register™ Services; or (d) we otherwise decide to discontinue providing the Take Charge Smart Register™ Services.

 

9.4

 

You acknowledge that if the circumstances described in Section 9.3(a) or (b) occur, you may be in breach of the Agreement, giving us all of the rights and remedies described in the Agreement for a breach, which may include immediate termination of the Agreement and these Take Charge Smart Register™ Terms without notice.

 

9.5

 

If these Take Charge Smart Register™ Terms terminate for any reason, you will be responsible for the full amount of any fees you incur in connection with the Take Charge Smart Register™ Services until all transactions you process through the Take Charge Smart Register™ Services are final.

 

10

 

Take Charge Smart Register™ Services Disclaimer.

 

10.1

 

Use of the Take Charge Smart Register™ Services is at your own risk.

 

10.2

 

To the maximum extent permitted by law, the Take Charge Smart Register™ Services are provided “AS IS,” and we make no representations or warranties of any kind (express or implied) about the Take Charge Smart Register™ Services, including (a) warranties of accuracy, merchantability, fitness for a particular purpose, or non‐infringement, (b) any warranty that the Take Charge Smart Register™ Services will function uninterrupted or error‐free, or (c) any warranty that the Take Charge Smart Register™ Services are secure, free of viruses or other harmful components, or that any defects or errors will be corrected.

 

11

 

Third Party Services.

11.1

 

You acknowledge and agree that:

  1. neither these Take Charge Smart Register™ Terms nor the Agreement governs Third Party Services;
  2. you will not have recourse against us or Bank for any Third Party Service;
  3. your access or use of Third Party Services is at your own risk;
  4. if you choose to use Third Party Services, information you submit in your application to use Third Party Services will be given to the developers/providers of the Third Party Services and not to us.

12

 

Third Party Services Disclaimer. Neither we nor Bank will be responsible for any actions, or any failures to act, of any third party, and we and Bank expressly disclaim any liability related to the App Market and all Third Party Services. Neither we nor Bank warrants, endorses, guarantees, or assumes responsibility for (a) any developer/provider of a Third Party Service, or (b) any product that is advertised or offered by a third party through the Take Charge Smart Register™ Services, the Take Charge Website, or the App Market (including any website, service, or product that is hyperlinked or featured in any banner or other advertising). Neither we nor Bank will be a party to, or in any way monitor, any transaction between you and developers/providers of Third Party Services.

 

13

 

Indemnity. Without limiting your indemnification obligations in the Agreement, you agree to indemnify and hold us harmless from and against all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your failure to comply with these Take Charge Smart Register™ Terms and all operating procedures, requirements, or guidelines regarding your use of the Take Charge Smart Register™ Services that are posted on the Take Charge Website or otherwise provided or made available to you;
  2. Your use, sharing, or disclosure of any Customer Information obtained in connection with your use of the Take Charge Smart Register™ Services;
  3. The content or delivery of any marketing messages that you send, or cause to be sent, to any Customer; or
  4. Any other individual or entity’s access and/or use of the Take Charge Smart Register™ Services under authentication credentials associated with your merchant account number(s).

 

14

 

Notices.We may provide notices and other information regarding the Take Charge Smart Register™ Services to you via the method(s) described in the Agreement or in Section 19 (“Consent to Electronic Communication”) below. Your notices to us must be delivered via the method(s) described in the Agreement.

 

15

 

Amendment. We have the right to change these Take Charge Smart Register™ Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or functionality of the Take Charge Smart Register™ Services, by giving you notice as described in the Agreement. Any use of the Take Charge Smart Register™ Services after our publication of any change (including our change to these Take Charge Smart Register™ Terms) will mean you have accepted and agreed to the change.

 

16

 

Ideas. You may choose, or we may invite you, to submit comments or ideas about the Take Charge Smart Register™ Services, including ideas about how to improve them (all together, “Ideas”). By submitting any Idea, you agree that: (a) we expressly disclaim any confidentiality obligations or use restrictions (express or implied) with respect to any Idea; (b) your submission will not be confidential; and (c) we are free to use and disclose any Idea on an unrestricted basis without notifying or compensating you. You release us from all liability and obligations that may arise from our receipt, review, use, or disclosure of any Idea or portion of any Idea.

 

17

 

Third Party Beneficiaries. Our affiliates and any third parties we use in providing the Take Charge Smart Register™ Services are intended third party beneficiaries of these Take Charge Smart Register™ Terms, and each of them may enforce these Take Charge Smart Register™ Terms. Except as described in the preceding sentence: (a) nothing in these Take Charge Smart Register™ Terms is intended to confer upon any individual or entity any rights or remedies with respect to the Take Charge Smart Register™ Terms, and (b) neither you nor we intend for any individuals or entities to be third party beneficiaries of these Take Charge Smart Register™ Terms.

 

18

 

Support. For all Take Charge Smart Register™ Services support (including questions related to the Take Charge Smart Register™ Reader or Take Charge Smart Register™ App), please contact the Take Charge Smart Register™ support center at the number identified in the Take Charge Smart Register™ App under Settings/Support.

 

19

 

Consent to Electronic Communication.

 

19.1

You agree that while these Take Charge Smart Register™ Terms are in effect, we or our service providers can:

  1. contact you via fax or email (if you have given us a fax number or email address);
  2. give you legal disclosures electronically, including disclosures required by law, notices that are required or permitted under these Take Charge Smart Register™ Terms or the Agreement, amendments to these Take Charge Smart Register™ Terms or the Agreement, and other information about your legal rights and obligations (all together, “Disclosures”);
  3. give you communications, billing statements, and other information about the Take Charge Smart Register™ Services or your use of the Take Charge Smart Register™ Services (all together, “Service Materials”) electronically;
  4. use live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or text messages to contact you at the telephone number(s) you have given us;
  5. leave a detailed voice message if you are unable to be reached; and
  6. send you commercial/marketing electronic messages (including email messages, SMS and text messages, faxes, and telephone calls).

 

19.2

 

You agree to these electronic communications even if the telephone or fax number you have provided is a cellular or wireless number, you have previously registered on a Do Not Call list, or you have otherwise requested not to be contacted for solicitation purposes. You acknowledge that by giving these consents, the electronic communications from us to you may be subject to charges or fees by your telecommunications or other applicable service provider, and you agree that any charges or fees are your responsibility to pay. You also acknowledge that these consents are not a condition of receiving the Take Charge Smart Register™ Services.

19.3

 

You agree that we may use any reasonable electronic method to give you Disclosures and Service Materials, including (a) email, (b) access to a website that we designate in an email notice we send you at the time the Disclosure or Service Material is available, and (c) to the extent legally permissible, access to a website or other online tool that we designate in advance for the general purpose of giving you Disclosures or Service Materials electronically.

 

19.4

 

You can print or download a copy of any Disclosures or Service Materials if you wish to have a paper copy.

 

19.5

 

By giving the consents in this Section 19, you are agreeing that (a) electronic Disclosures and Service Materials have the same meaning and effect as if we provided paper/hardcopy Disclosures or Service Materials to you, and (b) when we send you an email or other electronic notification alerting you that Disclosures or Service Materials are available electronically and we make them available to you electronically, those actions will have the same meaning and effect as if we had given the Disclosures or Service Materials to you in paper/hardcopy form, whether or not you choose to view, print, or download them.

 

20

 

Electronic Signatures.

 

20.1

 

You agree that these Take Charge Smart Register™ Terms and, if applicable, any changes to them (see Section 15) may be signed electronically, including through the use of “click to agree,” “DocuSign” or similar tools, or other electronic methods.

 

20.2

 

By giving the consent in this Section 20, you are agreeing that, where required or requested, your electronic signature on agreements and documents relating to the Take Charge Smart Register™ Services has the same effect as if you signed them by hand.

BY CLICKING TO AGREE, YOU SEPARATELY AGREE TO THE ELECTRONIC SIGNATURE CONSENT IN SECTION 21, WHICH YOU ACKNOWLEDGE IS REQUIRED FOR YOUR ACCEPTANCE OF THE Take Charge Smart Register™ SERVICES AND OUR ACCEPTANCE OF THESE Take Charge Smart Register™ TERMS.

THESE Take Charge Smart Register™ TERMS HAVE BEEN ACCEPTED BY US (WITHOUT WET OR ELECTRONIC SIGNATURE) AND SIGNED ON YOUR BEHALF BY THE PERSON CLICKING TO AGREE TO THESE Take Charge Smart Register™ TERMS, WHO (AS A USER OF THE Take Charge Smart Register™ SERVICES FOR YOUR BUSINESS) IS DEEMED TO HAVE BEEN AUTHORIZED BY YOU TO (1) ACCEPT THESE Take Charge Smart Register™ TERMS ON YOUR BEHALF, AND (2) SEPARATELY AGREE ON YOUR BEHALF TO THE CONSENTS IN SECTION 20.

©2018 Take Charge, LLC. All rights reserved. The Take Charge name and logo are registered trademarks owned by Take Charge,LLC. App Store® is a trademark of Apple, Inc. Android® and Google Play™ are trademarks of Google, Inc. iOS is a trademark of Cisco in the United States and other countries. EMV® is a trademark of EMVCo LLC in the United States and other countries. All other trademarks, service marks, and trade names referenced in this material are the property of their respective owners.