Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SHEDCARD WEBSITE OR USING THE SHEDCARD SERVICE, YOU AGREE TO BE BOUND BY THE (1) SHEDCARD TERMS OF SERVICE, (2) SHEDCARD E-SIGN AGREEMENT, (3) SHEDCARD PRIVACY POLICY, AND (4) AFG RENTALS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE SHEDCARD WEBSITE OR USE THE SHEDCARD SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. What are you agreeing to?

1.1. The Parties to this Agreement.

These Terms of Service describe a contractual relationship (“Agreement”) between you (“you” or “your”) and AFG Rentals, LLC. (“ShedCard,” “we,” “us,” “our”), , regarding your use of this web site (“Website”), your use of the “Buy with ShedCard” service as described below in Section 2.1 below, and your access to your ShedCard account information and service through the Website (together, the “ShedCard Services” or “Services”).

1.2. Changes to this Agreement.

ShedCard may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the “Confirm Charge” button below the updated agreement). If this Agreement is changed, ShedCard will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If ShedCard makes any changes to this Agreement that it deems to be material, ShedCard will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.

1.3. Your Eligibility.

To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you’re a ward of the state in Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.

2. How ShedCard will serve you?

2.1. The “Buy with ShedCard” Service.

“Buy with ShedCard” is a is a rent-to-own (RTO) contract with standard terms of 36, 48, or 60 months offered by AFG Rentals LLC through ShedCard’s technology platform. RTO Contract term options may vary based on purchase price and merchant. “Buy with ShedCard” allows you to buy goods or services offered by merchants (“Merchants”) on a RTO contract. If you agree to use “Buy with ShedCard,” AFG Rentals LLC will pay the Merchant on your behalf in exchange for your promise to abide by the terms of the Purchase Rental Agreement (RTO Contract).

2.1.1. Your Promise to Pay: Before completing any transaction on your behalf through any ShedCard Services, ShedCard will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your ShedCardative consent to those terms for that transaction, including your promise to pay the Total Payments amount to AFG Rentals LLC or its assigns, by asking you to click the “Confirm Charge” button.

2.1.2. There is no interest rate on your Rental Purchase Agreement; however, rental fees are assessed. You acknowledge that you do not gain equity and only acquire ownership with fulfillment of the Rental Purchase Agreement Terms.

2.1.3. First Payment: Your first payment will be due at the time that AFG Rentals LLC pays a merchant on your behalf pursuant to the “Buy with ShedCard” service. You may select the due date up to 45 days out from the date AFG Rentals LLC pays a merchant on your behalf for the following payments.

2.1.4. Late Payment Fee: Late payment fees will be charged in accordance to the terms of your Rental Purchase Agreement.

2.1.5. Return of Product: At any time during the contract, if your payments are current, you may return or arrange for pickup of the product and satisfy the terms of your Rental Purchase Agreement.

2.1.6. Early Purchase Option. At any time during the contract, you may pay off the remaining balance with the Early Purchase Option discount listed in your Rental Purchase Agreement. Back rent is not discounted.

2.1.8. Changes to “Buy with ShedCard” terms: ShedCard may unilaterally decide to change these Buy with ShedCard Terms from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the “Confirm Charge” button next to the updated agreement). If these Buy with ShedCard Terms are changed, ShedCard will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.

2.2. Cancelling Transactions.

ShedCard may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, ability to pay initial payment, your history of transactions on our site, the merchant’s account history or any other reason. ShedCard may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.

2.3. Collecting Information About You.

By using the Website or ShedCard Services, you authorize ShedCard, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. ShedCard reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.

2.4. Credit Investigation and Reporting.

By using the ShedCard Service, you give ShedCard permission to investigate your credit record and obtain your credit report in connection with the review of your application for a Rental Purchase Agreement. A credit report may also be requested in connection with additional products, account renewal, account collection action or dispute investigation. You understand that ShedCard may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies.

2.5. Collection.

You agree to allow ShedCard to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the ShedCard E-Sign Consent, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to ShedCard pursuant to this Agreement, ShedCard may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.

2.6. Communication & Notification.

You agree that ShedCard may provide you communications about your account and the ShedCard Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. ShedCard reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the ShedCard Service relies (e.g., Facebook, Twitter, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.

If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:

  • a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
  • any email address you provide to us or one of our merchants,
  • automated dialer systems and automatic telephone dialing systems,
  • pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.

You understand and agree that ShedCard may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with ShedCard or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with ShedCard may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by ShedCard, and ShedCard does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, ShedCard’s delivery of any Disclosures governed by the ShedCard E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

2.7. Working with Third Parties.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your ShedCard account, you acknowledge that ShedCard may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold ShedCard responsible for, and will indemnify ShedCard from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

3. Your use of ShedCard.

3.1. Agreement to Provide Accurate Information.

When you provide information to ShedCard, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

3.2. Delays in Processing.

In some cases when you attempt to use the ShedCard Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either ShedCard or the merchant and can be cancelled at any time until it is confirmed by ShedCard.

3.3. User Responsible for Fees.

If you use the ShedCard Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

3.4. Repayment Methods.

You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payments.

Currently acceptable methods of payment are:

  • Debit Card – Payments made by debit card will be subject to the terms and conditions established by the debit card issuer. If charges cannot be processed through your debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and ShedCard will have no liability with respect thereto.
  • Credit Card – Payments made by debit card will be subject to the terms and conditions established by the debit card issuer. If charges cannot be processed through your credit card, you will be responsible for any fees incurred and ShedCard will have no liability with respect thereto.
  • ACH Transfer – You may pay your account balance by authorizing an Automated Clearing House (ACH) transaction from your bank account.
  • Check – You may pay your account balance by writing a check payable to the order of: AFG Rentals, LLC
    Please send all checks to: ShedCard, P.O. Box 726, Grandview, Texas 76050

3.5. Access to Your Account.

You are responsible for maintaining the secrecy of the login credentials to your ShedCard account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your ShedCard account and to any 3rd Party account you have used to login to your ShedCard account. You are also responsible for maintaining the accuracy of the information in your ShedCard account.

3.6. Website Content.

The information on the ShedCard’s website is for information purposes only. It is believed to be reliable, but ShedCard does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.

Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of ShedCard.

3.7. Links to Other Websites.

Links to non-ShedCard websites are provided solely as pointers to information on topics that may be useful to users of the Services, and ShedCard has no control over the content on such non-ShedCard websites. ShedCard makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does ShedCard warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by ShedCard, you must do so at your own risk. ShedCard does not guarantee the authenticity of documents on the Internet. Links to non-ShedCard websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

3.8. Closing Your Account.

You may close your account at any time by contacting us at support@shedcard.com. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, ShedCard will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. ShedCard will retain your information in accordance with our Privacy Policy.

3.9. Dormant Accounts.

ShedCard may close your account if you do not log in to the Website or use the ShedCard Services for two or more years. ShedCard will retain your information in accordance with our Privacy Policy.

3.10. Feedback You Provide.

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

4. How you may NOT use ShedCard.

By using ShedCard’s Website or Services, you agree that:

4.1. You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with ShedCard;

4.2. You will not provide false, inaccurate or misleading information;

4.3. You will not provide information belonging to any person other than yourself;

4.4. You will not use an account that belongs to another person for yourself or on behalf of another person;

4.5. You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;

4.6. You will not breach this Agreement or any other agreement or policy that you have agreed to with ShedCard;

4.7. You will not use the Services to accomplish a cash advance;

4.8. You will not commit unauthorized use of ShedCard’s Website and systems including but not limited to unauthorized entry into ShedCard’s systems, misuse of passwords, or misuse of any information posted to a site; and

4.9. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

5. How ShedCard will resolve disputes.

5.1. Disputes with ShedCard.

If a dispute arises between you and ShedCard, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact ShedCard at support@shedcard.com to try resolving your problem directly with us.

5.2. Mandatory Arbitration.

ARBITRATION AND WAIVER OF JURY TRIAL.  PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

5.2.1. Agreement to Arbitrate.  You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of where you live (without applying its choice-of-law rules).  Nothing in this arbitration agreement is intended to prevent either of us from filing a lawsuit in an appropriate small claims court for an amount that does not exceed the court’s jurisdictional limits.  If counterclaims or other motions would cause the lawsuit to be removed from small claims court to another court, the dispute must be resolved by arbitration. 

5.2.2. What Arbitration Is.  “Arbitration” is a means of having an independent third party resolve a Dispute.  A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to origination of your Rental-Purchase Agreement (“Agreement”) and whether or not an Agreement is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy.  The terms “we,” “our,” and “us” mean Lessor and include Lessor’s employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Lessor’s marketing, servicing, and collection representatives and agents.

5.2.3. How Arbitration Works.  If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts (“JAMS”). If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator.  If you claim you have a Dispute with us, but do not initiate an arbitration or select an arbitrator, we may do so.  You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:

American Arbitration Association
120 Broadway, 21st Floor
New York, NY 10271
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
18881 Von Karman Ave., Suite 350
Irvine, CA 92612
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement.  To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

5.2.4. What Arbitration Costs.  No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs.  Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.

5.2.5. Location of Arbitration.  Unless you and we agree to a different location, the arbitration will be conducted within 30 miles of your then current mailing address.

5.2.6. Waiver of Rights.  You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

5.2.7. Applicable Law and Review of Arbitrator’s Award.  The arbitrator shall apply applicable federal and the substantive law of the state where you live and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of the state where you live and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of the state where you live and applicable federal law.

5.2.8. Survival.  This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.

5.2.9. Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at our address, above, by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or status as a lessee at our address above.

5.3. Restrictions.

You and ShedCard agree that any arbitration shall be limited to the dispute between ShedCard and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

5.4. Exceptions to Informal Negotiations and Arbitration.

You and ShedCard agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or ShedCard’s intellectual property rights; and (2) any claim for injunctive relief.

6. MISCELLANEOUS PROVISIONS.

6.1. Operations.

ShedCard operates and controls the Services from its offices in the United States. ShedCard makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ShedCard to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, ShedCard or any other web site or source and paying all amounts you owe (including any fees or expenses incurred or imposed by ShedCard) in full. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from ShedCard if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. You may not assign these Terms of Use without ShedCard’s prior written consent, but ShedCard may assign these Terms of Use and its rights and obligations hereunder to any party at any time without any notice to you. These Terms of Use contain the entire understanding between you and ShedCard, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by ShedCard. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon ShedCard’s request, you will furnish ShedCard any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against ShedCard by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

6.2. Enforceability and Governing Law.

The failure of ShedCard to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and ShedCard with respect to the Services. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the Services and the terms of this agreement.

6.3. Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by ShedCard or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

6.4. Trademark.

“ShedCard” is the marketing name for certain financial services activities of ShedCard as operator of the Services. “ShedCard” is a trademark of ShedCard. Other featured words or symbols may be the trademarks of their respective owners.

6.5. Indemnification.

You agree to indemnify, defend and hold ShedCard and its Affiliates harmless from any liability, including reasonable attorneys’ fees, related to your use of the Services or any violation of these Terms of Use.

6.6. WARRANTY.

SHEDCARD AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. SHEDCARD AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SHEDCARD AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.

6.7. LIMITATION OF LIABILITY.

SHEDCARD AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SHEDCARD AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER SHEDCARD NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

6.8. Statute of Limitations.

You and ShedCard both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

6.9. No Third-Party Beneficiaries.

This Agreement is between you and ShedCard. No user has any rights to force ShedCard to enforce any rights it may have against any you or any other user.

6.10. Government Use.

If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.

6.11. Covered Borrowers under the Military Lending Act.

Notwithstanding any other provision of this Agreement, Sections 5.2, 5.3, 6.7, and 6.8, and the waiver of defenses provision of Section 6.1 shall not apply to a “covered borrower” under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.

ShedCard E-Sign Consent Agreement

This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the ShedCard Services, ShedCard is required by law to provide you with certain disclosures. Without your consent, ShedCard is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option.

  1. Consumer Consent

Before completing any transaction using the Buy with ShedCard Services, you will be asked to consent to the ShedCard Terms of Service by clicking “Create Account”. This action constitutes your electronic signature and manifests your consent and agreement to the following terms:

  • ShedCard may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
  • ShedCard can send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address that you have provided to us, either directly or indirectly via the merchant to whom ShedCard will send funds on your behalf.
  • ShedCard will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever ShedCard sends you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
  • Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
  • This consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
  1. Minimum Requirements

You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

  1. Withdrawing Consent

You are free to withdraw Your Consent at any time. If at any time you wish to withdraw Your Consent, you can send us your request by submitting a request through the ‘contact us’ link at www.ShedCard.com, emailing support@shedcard.com or writing to us at ShedCard, P.O. Box 726, Grandview, Texas 76050. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and ShedCard may close or limit access to your account. You agree to pay any amount owed to ShedCard even if you withdraw Your consent and we close or limit access to your account. You agree to pay any amount owed to ShedCard even if you withdraw Your consent and we close or limit access to your account.

  1. Legal Effect

Your consent to this E-Sign Consent means that Disclosures ShedCard provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if ShedCard had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures,

  1. Miscellaneous

You agree that ShedCard may modify or change the methods of disclosure described herein, and that ShedCard may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact Customer Care at 888.368.0375.

You also agree that ShedCard is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by ShedCard’s failure to send such a notice to the phone number or email address you have provided for that purpose.

 



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