PTM-PayToMars

PTM Agreement

General Description of PTM Links Inc. Online Payments Service Agreement (this "Agreement")

What This Agreement Covers

This Agreement is between each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf (“you” or “your”) and PTM Links Inc.. This Agreement governs your use of any online payments services maintained by PTM Links Inc. and accessible through PTM Links Inc.s.com using a personal computer, or any other eligible handheld or wearable communication device (the “Service(s)”).

Under the terms of this Agreement, you may use the Services to obtain financial products and services, access and view account information, and, for certain accounts, move money electronically and perform authorized transactions. When used in the Agreement, the term “small business” includes sole proprietors, non-consumer business entities, and individual owners of the business, unless the context indicates otherwise. If you are a small business customer, additional or different terms and conditions applicable to the Services, as well as additional Services available exclusively to small business customers, are included in the Business Services Addendum, which is a part of this Agreement.

When you first set up your Online ID, we will link all of your eligible PTM Links Inc. and affiliate accounts, including joint accounts. If you open an additional eligible account at a later date, we will link your new account to the Service, unless you tell us not to do so.

When your Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

1. Accepting the Agreement

When you apply for, enroll in, activate, download or use any of the Services described in this Agreement or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the terms and conditions of the entire Agreement, as well as any terms and instructions that appear on a screen when enrolling in, activating or accessing the Services.

2. Relation to Other Agreements

Your use of the Services may also be affected by your Deposit Agreement and Disclosures, including the applicable schedule of fees (“Deposit Agreement”), or other agreement with us for your linked PTM Links Inc. accounts and/or an agreement with our affiliates for your affiliate accounts linked to the Service. When an account is linked to the Services, it does not change the agreements you already have with us or our affiliates for that account and you are still subject to the terms and conditions we gave you in the agreement and disclosure for the linked account. The terms and conditions for those account agreements, including any applicable fees, transaction limitations, liability rules and other restrictions that might impact your use of an account with the Services, are incorporated into this Agreement. In the event of a conflict between the terms of those account agreements and this Agreement, the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.

If you use the Services to move money between your investment accounts governed by the PTM Links Inc. Website Terms and Conditions, which you agreed to when you became a online customer, that agreement, and not this Agreement will apply to your transaction.

3. Intellectual Property

All other marks and logos related to the Online Payments Service and Payment Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us, and/or Payment Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Online payments Service, the portion of the web site through which the Payment Services are offered, the technology related to the Website, Payment Services and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Online payments Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so- called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

4. Electronic Communications

When you visit the Website or send an email or other electronic communication to PTM Links Inc., you are communicating with PTM Links Inc. electronically, and you therefore consent to receiving communications from PTM Links Inc. electronically. PTM Links Inc. may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that PTM Links Inc. may provide to you electronically or that you provide to PTM Links Inc. electronically satisfy any legal requirement that the communications be in writing. You understand and agree that PTM Links Inc. may send you certain communications in connection with your use of the Website and any services made available in part or in whole via the Website, such as service announcements and administrative messages. You understand and agree you will not be able to opt out of receiving electronic communications, and that PTM Links Inc. may send you copies of any periodic newsletters or similar informative communications it sends to registered Website users; provided, however, you will be able to opt out of receiving future issues at any time. Any communications sent to you personally concerning your participation with the Website or related matters are not intended to be made public.

Your use and/or access to the PTM Links Inc. website and/or app (collectively referred to as the “online payments services”) and all information, products and other content included in or accessible from the online payments services (whether provided or made available by us or a vendor) is at your sole risk. the online payments services are provided on an “as is” and “as available” basis. except as otherwise stated herein, PTM Links Inc. and its vendors expressly disclaim all warranties of any kind to the fullest extent permitted by law as to the online payments services and all information, products and other content included in or accessible from the online payments services. Online payments services, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

By using our website and/or app, PTM Links Inc. and our affiliates make no warranty that (i) the online payments services will meet your requirements, (ii) the online payments services will be uninterrupted, timely, secure or error-free, (iii) the accuracy or integrity of the information and the materials, including, without limitation, any warranty of accuracy, adequacy, validity or completeness of the information and materials, title, free of violation, merchantability, use or for a specific use, (iv) the quality of any products, services, information or other material purchased or obtained by you through the online payments services will meet your expectations, (v) any errors or defects in the technology will be corrected, or (vi) the website is free of viruses or harmful components.

PTM Links Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; (2) to modify or change the site, or any portion of the site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6. Liabilities

Subject to our obligations under applicable laws and regulations, neither we nor our Vendors shall have any liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor our Vendors shall be liable for any typos or keystroke errors that you may make when using the Online payments Service or Payment Service.

Under no circumstances will PTM Links Inc. or its affiliates be liable to you for any direct, indirect, punitive, incidental, special, or consequential damages resulting from use of or inability to make use of, the Website. This limitation applies regardless whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if PTM Links Inc. or its affiliates have been advised of the possibility of damages, and even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.

The online payments service and payment service is intended for sending money to family, friends, business and people with whom you are familiar. You should not use the online payments service to send money to anyone that you do not trust. subject to our obligations under applicable laws and regulations, you agree that you, not we , are responsible for resolving any payment or other disputes that you have with any other party with whom you send money to, or receive or request money from, using the online payments service and/or payment service.

7. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Online payments Service and Payment Service and except as otherwise provided in these Terms, you agree to indemnify, defend and hold harmless PTM Links Inc., its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors or inability to use the Online payments Service and/or Payment Service, or any violation by you of the terms of these Terms.

8. Miscellaneous

Entire Agreement.

This Agreement constitutes the entire agreement between you and PTM Links Inc. with respect to your use of this Website and governs the terms and conditions of your Website use. This Agreement therefore supersedes and merges all prior or contemporaneous communications or proposals, whether electronic, oral, or written, between you and PTM Links Inc. with respect to the Website and relationship contemplated by this Agreement. Notwithstanding the foregoing, you may also be subject to additional terms and conditions or posted policies, guidelines, or rules that may apply when you use the Website or any product, service, or feature described on or available in whole or in part through the Website.

Modification.

PTM Links Inc. may modify this Agreement from time to time, in its sole discretion, without providing notice to you of any kind. If modified, the date of the most recent version of this Agreement will appear at the top of the page. Your continued use of this website after any modification of this Agreement is published signifies and confirms your acceptance of any corresponding changes.

Jurisdiction and Attorneys’ Fees.

This Agreement, your and PTM Links Inc.’s rights and obligations under this Agreement, and your use of the Website will be governed by and construed in accordance with the laws of the State of California without regard to the state’s conflicts of law principles. You agree that, unless PTM Links Inc. makes an express waiver or brings an action in a different jurisdiction, the state and federal courts in the State of California have exclusive jurisdiction for any claim or action arising out of or related to this Agreement or your use of the Website. You further agree (i) to submit to the exercise of personal jurisdiction of California federal and state courts for the purpose of litigating any above claim or action; and (ii) not to file or bring any claim or action in any other jurisdiction. In the event of any action to enforce or interpret this Agreement in a court or tribunal of competent jurisdiction, you agree and certify you understand that the prevailing party will be entitled to collect reasonable attorneys’ fees and costs.

Severability.

If any provision of this Agreement is deemed invalid, void, or for any other reason unenforceable by a court or tribunal of competent jurisdiction, then that provision will be deemed severed from this Agreement and will not not affect the validity and enforceability of any other provision of this Agreement or this Agreement as a whole.