Terms of Use
These Terms of Use (the "Terms") govern your use of gocardeva.com (the "Site"), operated by Cardeva, LLC, an Arizona limited liability company ("Cardeva," "we," "us"), located at Mesa, AZ. By checking the box on our form and clicking "Agree and Submit," or by using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site. Section 11 contains an arbitration agreement and a class-action and jury-trial waiver that affect how disputes are resolved; you may opt out of arbitration within 30 days as described there.
1. What the Site is, and is not
The Site describes Cardeva's merchant services and lets you request a free review of your card-processing costs. Nothing on the Site is an offer, a quote, or a merchant agreement. Card acceptance is provided under a merchant agreement between you and the acquiring bank and processor, which sets the actual rates, fees, and terms. Cardeva is a sales agent and does not itself underwrite, approve, or open merchant accounts, and no account is opened until the acquiring bank and processor approve it.
2. Estimates, calculators, and no guarantee
The effective-rate calculator and any figures on the Site are estimates computed from the numbers you enter. They are not a quote and do not account for every charge on a processing statement. Any comparison we prepare for you is based on the statement and information you provide and on pricing available at that time. We do not promise that you will save money, that you will be approved, or that any particular rate will be available to you. Actual pricing is set only in the merchant agreement you sign.
2A. Surcharge, cash discount, and dual-pricing programs
Descriptions of surcharging, cash discounting, and dual pricing on the Site are general information. These programs are governed by the rules of the card networks and by federal, state, and local law, which differ from state to state and change over time. Whether a program is available to you, the maximum amount that may be charged, and the disclosures required depend on where you operate and on the types of payments you accept. Cardeva will confirm eligibility for your state and payment types before any program is started, and every program is subject to approval by the acquiring bank and processor. If you adopt a program, you are responsible for keeping the required signage and disclosures in place, for applying the program only to eligible transactions, and for complying with the laws of every state in which you operate. The state-by-state surcharge guide and map on the Site summarize statutes, regulations, and court decisions as of the date shown on each page; they are provided for general information, may be incomplete or out of date, and are not a substitute for reading the current law or consulting counsel. Nothing on the Site is legal advice; consult your own counsel about the laws that apply to your business.
3. Your information and your authority
You confirm that the information you submit is accurate and that you are authorized to share it, including any processing statement or document you upload on behalf of a business or agency. You agree to remove bank account numbers, card numbers, and Social Security or taxpayer identification numbers from documents before uploading them.
4. Communications
The consent choices you make on our form, and our Mobile Terms, are part of these Terms. You may withdraw consent to calls, texts, or emails at any time as described in the Privacy Policy and Mobile Terms.
5. Permitted and prohibited use
You may use the Site to learn about Cardeva and to submit genuine requests. You may not: submit false or misleading information; upload data that belongs to someone else without authority; use bots, scrapers, or automated tools to access the Site; attempt to interfere with the Site's security or operation; upload malicious code; or use the Site for any unlawful purpose.
6. Intellectual property
The Site and its content, including text, graphics, logos, and the Cardeva name and mark, are owned by Cardeva or its licensors and protected by law. You may view and print pages for your own business evaluation. Any other use requires our written permission.
7. Third-party sites and services
The Site may link to other websites or rely on third-party services. We are not responsible for their content, availability, or privacy practices.
8. Disclaimer of warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CARDEVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CARDEVA AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
10. Indemnity
You agree to defend and indemnify Cardeva against claims, losses, and expenses, including reasonable attorneys' fees, arising from your breach of these Terms or your misuse of the Site.
11. Governing law, venue, and dispute resolution
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration agreement in this section.
Informal resolution first. Before starting an arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought, and both parties will try in good faith to resolve it for 30 days. Notices to Cardeva go to the address in section 15.
Binding individual arbitration. Except as stated below, you and Cardeva agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, the Privacy Policy, the Mobile Terms, or any call, text message, or email between you and Cardeva (a "Dispute") will be resolved by final and binding arbitration on an individual basis, not in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you used the Site on behalf of a business, and under its Mass Arbitration Supplementary Rules whenever they apply, each as in effect when the arbitration is filed (available at adr.org). Fees are paid as those rules provide. The arbitrator decides all questions about the scope, validity, and enforceability of this arbitration agreement, except that only a court may decide questions about the class-action waiver below. Hearings will be held by video or telephone unless the arbitrator decides an in-person hearing is needed, in which case it will be held in Maricopa County, Arizona, or in the county where you live. Judgment on the award may be entered in any court with jurisdiction.
Class-action and jury-trial waiver. YOU AND CARDEVA EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A JURY TRIAL. The arbitrator may award relief only to the individual party seeking it and only as needed for that party's individual claim. If this waiver is found unenforceable as to a claim, that claim will be severed, paused until the arbitrable claims are decided, and then decided by a court, not in arbitration.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies and stays there. Either party may ask a court to stop infringement or misuse of its intellectual property or unauthorized access to the Site. If you are a public agency, school, or other governmental body that by law cannot agree to binding arbitration, the arbitration agreement does not apply to you.
30-day opt-out. You may opt out of this arbitration agreement by sending Cardeva a written notice within 30 days after you first agree to these Terms, through the contact form at gocardeva.com or by mail to the address in section 15, stating your name, the email address or phone number you gave us, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Courts. Any Dispute that is not arbitrated, and any action to enforce, confirm, or vacate an arbitration award, will be brought only in the state or federal courts located in Maricopa County, Arizona, and you and Cardeva consent to their jurisdiction.
12. Changes to these Terms
We may update these Terms by posting a new version with a new effective date. Material changes will be announced as described in the Privacy Policy. Your continued use of the Site after a change means you accept the updated Terms.
13. Termination
We may suspend or end your access to the Site at any time, with or without notice, for any reason, including a breach of these Terms.
14. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver. These Terms, the Privacy Policy, and the Mobile Terms are the entire agreement between you and Cardeva about the Site. You may not assign these Terms; we may assign them to a successor.
15. Notices and contact
Notices to Cardeva must be sent to Cardeva, LLC, Mesa, AZ, or submitted through the contact form at gocardeva.com. We will send notices to you at the email address you provided.