Terms of Use

These Terms of Use (“Terms”) constitute an agreement between you and Shoreline Payments, LLC (“Shoreline,” “Shoreline Payments,” “we,” “us,” or “our”) governing your access to and use of shorelinepay.com, preapp.shorelinepay.com, and other Shoreline-operated websites or online services that link to these Terms (collectively, the “Site”).

Please read these Terms carefully. By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Shoreline’s Role

Shoreline is an independent merchant-services sales and referral company.

We assist businesses and referral partners in identifying potential third-party payment-service solutions and may facilitate introductions, applications, documentation, provider communications, underwriting coordination, onboarding, and support.

Shoreline is not a bank, card network, or acquiring bank.

Unless expressly provided otherwise in a separate written agreement applicable to a particular service, Shoreline does not itself provide the underlying banking, acquiring, settlement, card-network, or ACH-network services made available through third-party relationships.

2. Third-Party Providers

Merchant services may be provided by independent third parties, including payment processors, merchant-service providers, independent sales organizations, acquiring or sponsor banks, ACH providers, payment gateways, technology providers, and other financial-service providers.

The identity of available providers and the products, eligibility requirements, pricing, and services they offer may change.

Shoreline does not represent that every provider or product is available to every merchant.

3. No Guarantee of Approval or Terms

Submission of an inquiry, referral, pre-application, or application does not constitute approval and does not establish a merchant account.

Applications may be subject to identity verification, underwriting, risk review, compliance review, applicable law, provider policies, card-network or payment-network rules, and financial-institution requirements.

Shoreline does not guarantee:

• —merchant-account approval;
• —processing availability;
• —particular rates or fees;
• —savings;
• —reserves or reserve requirements;
• —processing limits;
• —funding or settlement timing;
• —equipment availability;
• —chargeback outcomes;
• —continued provider availability; or
• —any particular underwriting result.

Final approval and provider-specific commercial terms are determined by the applicable provider and/or financial institution.

4. Provider Agreements Control

Use of third-party processing, ACH, acquiring, gateway, equipment, banking, or other services may require separate applications and agreements with the applicable provider or financial institution.

Those agreements govern the applicable third-party service.

These Terms do not replace, modify, amend, or supersede any merchant processing agreement, ACH agreement, equipment agreement, banking agreement, provider agreement, or other contract governing third-party services.

If information appearing on the Site conflicts with the final terms offered by an applicable provider, the provider-specific agreement controls with respect to that provider’s services.

5. Pre-Applications and Applications

A Shoreline merchant pre-application is intended to help Shoreline evaluate potential merchant-service options and facilitate an application process.

It is not itself an approval or merchant processing agreement unless expressly stated otherwise in a separately executed agreement.

Additional documentation, identity verification, underwriting, provider applications, disclosures, and agreements may be required.

6. Information You Submit

You represent and warrant that information you intentionally submit through the Site:

• —is accurate and complete to the best of your knowledge;
• —is not knowingly false or misleading;
• —may lawfully be provided by you; and
• —where submitted on behalf of a business or another owner, is submitted with appropriate authority.

You may not knowingly submit another person’s sensitive personal or financial information without authorization.

Shoreline and applicable providers may rely upon information submitted in evaluating requests for merchant services.

7. Electronic Transactions and Records

When you affirmatively submit information, accept an acknowledgment, or otherwise conduct a transaction electronically through the Site, you agree that electronic records may be used in connection with that transaction to the extent permitted by applicable law.

Electronic acknowledgments, records, and actions may be retained as evidence of your interaction with the Site.

Nothing in this section requires Shoreline or any provider to accept an electronic signature or electronic transaction where another form is required.

8. Acceptable Use

You may use the Site only for lawful purposes.

You may not:

• —attempt to obtain unauthorized access to systems, applications, accounts, or information;
• —probe, scan, or test vulnerabilities without authorization;
• —interfere with the Site’s availability or security;
• —introduce malware or malicious code;
• —circumvent access controls;
• —impersonate another person or business;
• —knowingly submit fraudulent information;
• —submit personal information without appropriate authority;
• —scrape, harvest, or systematically extract Site information except where permitted by law;
• —use automated systems in a manner that materially burdens the Site;
• —use the Site in furtherance of fraud or unlawful activity; or
• —violate applicable law through use of the Site.

We may restrict or terminate access to the Site where we reasonably believe these Terms have been violated.

9. Intellectual Property

Unless otherwise indicated, the Site and its original text, design, graphics, branding, software, and other materials are owned by or licensed to Shoreline and are protected by applicable intellectual-property laws.

You may use Site content for legitimate internal business purposes associated with evaluating Shoreline’s services.

No other license is granted except as expressly stated.

Third-party trademarks, trade names, and logos belong to their respective owners.

10. Third-Party Links and Services

The Site may contain references or links to third-party websites, products, platforms, or services.

Third parties operate independently and may impose their own terms, privacy policies, agreements, eligibility requirements, and security practices.

Shoreline does not control independently operated third-party websites and is not responsible for their content or practices.

11. Website Information

We endeavor to provide useful and accurate information, but the payments industry changes frequently.

Provider requirements, underwriting criteria, products, rates, fees, laws, network rules, geographic availability, and other conditions may change without corresponding immediate changes to Site content.

Site content is provided for general informational and business purposes and does not constitute a binding quote, approval, financial advice, legal advice, or provider commitment unless expressly incorporated into an applicable written agreement.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SHORELINE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.

SHORELINE DOES NOT WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, ERROR-FREE, OR FREE FROM ALL SECURITY RISKS.

NOTHING IN THESE TERMS DISCLAIMS AN EXPRESS OBLIGATION CONTAINED IN A SEPARATE WRITTEN AGREEMENT BETWEEN SHORELINE AND YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHORELINE AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO USE OF, OR INABILITY TO USE, THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHORELINE’S AGGREGATE LIABILITY ARISING SOLELY FROM USE OF THE SITE WILL NOT EXCEED THE GREATER OF THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO SHORELINE FOR USE OF THE SITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Disputes concerning processing, settlement, reserves, chargebacks, equipment, ACH transactions, or other services supplied by a third-party provider may be governed by the applicable provider agreement.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Shoreline and its members, officers, employees, contractors, and agents from third-party claims, liabilities, losses, damages, costs, and reasonable attorneys’ fees arising from:

• —your unlawful use of the Site;
• —your intentional or knowing submission of information you were not authorized to provide;
• —your fraud or intentional misconduct; or
• —your material violation of these Terms.

This section does not require indemnification to the extent prohibited by applicable law.

15. Privacy

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy.

16. Governing Law

These Terms and any dispute arising solely from access to or use of the Site will be governed by the laws of the State of Arkansas, without regard to conflict-of-laws principles, except to the extent federal law or another applicable law requires otherwise.

17. Venue

To the extent permitted by applicable law, any judicial proceeding arising solely from these Terms or use of the Site shall be brought in a state or federal court of competent jurisdiction located in Arkansas.

Nothing in this section modifies a forum-selection, arbitration, governing-law, or dispute-resolution provision contained in a separate merchant, provider, referral, or other agreement.

18. Severability

If a provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary, and the remaining provisions will remain in effect.

19. No Waiver

Failure by Shoreline to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

20. Assignment

You may not assign your rights or obligations under these Terms without Shoreline’s prior written consent.

Shoreline may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Site or applicable business operations, subject to applicable law.

21. Changes to These Terms

We may update these Terms periodically.

Updated Terms become effective when posted unless otherwise stated or applicable law requires additional notice.

Changes will not retroactively alter separately executed agreements except as permitted by those agreements and applicable law.

22. Entire Agreement Regarding Site Use

These Terms and the Privacy Policy constitute the applicable terms concerning general use of the Site.

They do not replace separately executed agreements governing merchant processing, ACH, equipment, referrals, provider services, or other commercial relationships.

23. Contact

Questions regarding these Terms may be directed to:

Shoreline Payments, LLC
Email: info@shorelinepay.com
Website: shorelinepay.com