A) Member releases the Company, its officers, employees, or agents (collectively “Company”) from all loss, damage, or injury whatsoever from the use or performance of the Company Website, RepScrubs® and ScrubPort®. The Company shall not have any obligation or liability to the Member with respect to the use, misuse, or performance of the Website, RepScrubs® or the ScrubPort®. Member agrees to indemnify, protect, and hold harmless the Company from liability for all loss, damage, or injury to persons or property arising from the use of the Website, RepScrubs® or the ScrubPort®.
B) Member expressly understands and agrees the Company shall not be liable to Member for:
1. Any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenues, profits, or savings, even if the Company knew or should have known of the possibility of such damages, or;
2. Claims, demands, or actions against Member by any person, corporation, or other legal entity resulting from the use of the ScrubPort®, credit report inquiry, check authorization, and/or charging against Member’s credit card.
C) Member agrees to pay all costs, including, but not limited to, collection fees, attorneys’ fees, and court costs incurred by the Company in the enforcement of the terms and conditions of this Agreement, from the time the Authority engages attorneys for such matter, through all stages of litigation (if any), including but not limited to pretrial, trial, all appellate levels, pre- or post-judgment collection, User’s bankruptcy, administrative proceedings, or otherwise.
D) If for any reason Member’s Prepaid Account balance is insufficient for purchases made or any other charges due or owing to the Company, Member shall remain liable to the Company for such insufficiencies and all applicable charges, and any funds received by the Company for the Member’s account shall first be applied to reduction of such debt and then, but only then, to the credit of future transactions.
E) This Agreement shall be binding upon and inure to the benefit of Member and Member’s successors and the Company and its successors and assigns. Member shall not be permitted to assign the obligations or benefits of this Agreement without the written consent of the Company.
F) Notwithstanding anything herein to the contrary, Member agrees that if Member violates the terms of this Agreement allows another party to use Member’s password and PIN to access their account, Member shall be liable and agrees to pay all applicable charges of such use and the obligations of this Agreement shall fully bind and be applicable to Member as if Member had incurred such charges.
Member shall additionally be liable for any damages, costs and fees (including but not limited to those set forth in subsection C above) expenses and liabilities incurred as a result of Member’s allowing another party to use their private password and PIN for account access. Further, the Company may fine Member, suspend, cancel or revoke Member’s membership and/or account access, for Member’s allowing another party to use their password and PIN account access numbers regardless of whether transaction charges are incurred as a result of the other party’s use.
G) The invalidity of any portion of this Agreement shall not affect any other portion of this Agreement, which shall remain in full force and effect. Any remaining valid and enforceable portion(s) of the Agreement shall operate and be interpreted as closely to the original intent as legally possible.
H) Member shall inform Company of any changes to the information contained in the Registration Account records including name, address changes, phone numbers, email, employer and credit card information.
I) The Company reserves the right to reject any Prepaid Account application, for any reason, except those prohibited by law.
J) The Company reserves the right to offset amounts owed to the Company for transactions from funds in Member’s Prepaid Account.
K) Questions regarding Member’s Account or transactions charged to Member’s Prepaid Account should be directed to the Company Customer Service Group at the address and telephone number listed below.
Prescient Logistics, LLC. d/b/a RepScrubs
576 Monroe Road. Suite 1300
Sanford, Florida 32771
Email us at: email@example.com