ARMSPAY User Agreement and Terms of Service

1. As a condition of using ARMSPAY’s service as described herein, you must agree to be bound by this User Agreement (hereinafter referred to herein as the“Agreement"). To the terms and conditions contained herein. and to any future Amendments to this Agreement as set forth below. The terms and conditions of this Agreement are a legal contract between you and Rainier Innovation Group LLC. a Washington Limited Liability Company (herein referred to as "ARMSPAY"), and apply to your access and use of ARMSPAYs services. You must read. agree to, and accept all applicable terms set forth in this agreement in order to be able to use ARMSPAYs services. You should also read and consider ARMSPAYs Privacy Policy and any other documents referenced in this Agreement. which are incorporated into this Agreement by reference. Please review all of the terms and conditions set forth in this Agreement before deciding whether to accept them and be bound by them. This Agreement may be amended, modified, or otherwise changed (collectively such changes to the Agreement may be referred to hereinafter as “Amendments") at the discretion of ARMSPAY at any time. Such Amendments will be effective and binding upon posting to this website. If there are any Amendments that we determine to be substantial in nature, we will provide you with 30 days’ notice of such substantial changes by posting a notice to this website or by sending you an email to the email address associated with your account. Upon the conclusion of such 30 days’ notice of changes. the new ARMSPAY User Agreement and Terms of Service, as amended, will be posted on this page and will be binding on both you and ARMSPAY immediately upon posting.

   In order to use ARMSPAY‘s services. you must meet. and do hereby certify by your acceptance of this Agreement and use of ARMSPAYs services, all of the following conditions:
   • That you are at least 21 years of age;
   • That you are legally capable of entering into a binding legal agreement;
   • That you are a legal resident of the United States of America.

2. In order to use ARMSPAY‘s services. you must submit all required information on the New User Registration Page. You must also adequately answer the questions posed to you by our identity verification system so that we can verify your identity. You must provide current. accurate. and complete information to ARMSPAY. It is your duty to maintain the accuracy of such information if there is a change in your information. and you must update your User Profile (via the settings tab in the secure portion of our site) with such information. we may require that you submit additional information to us at any time, as we deem to be necessary in our sole discretion. in order for you to obtain, or continue, the use of ARMSPAY’s services. Any material inaccuracy in the information that you provide, whether provided to us intentionally or unintentionally, shall give ARMSPAY the right to cancel this contract for cause and limit our liability to you. It may also give us legal recourse against you for our losses or damages.

3. Definitions. For purposes of this Agreement the following definitions shall apply:

   • "completion of a Sales Transaction": The happening of any one of the events listed in paragraph 8 below. which shall trigger the release of a buyer's funds to the Seller from ARMSPAYs escrow account.
   • "Dealer": A federal firearms license holder that participates in the transfer of an item from the seller to the buyer.
   • "Money": Legal Currency of the United States of America denominated is US Dollars.
   • "Party" or “Parties”: The buyer and/or seller in a transaction.
   • "Payment Principal Amount": The amount of money agreed to be paid by a buyer to a seller.
   • "ARMSPAY": The brand name of this service owned wholly by Rainer Innovation Group, LLC. a Washington Limited Liability Company.
   • "Possession": The earlier of i) the Dealer legally transferring ownership of an item to the buyer. or ii) the buyer leaving the Dealers place of business with the item or iii) the buyer receiving the item in mail and confirmed as delivered by the postal carrier.
   • "User": Any person or entity that uses ARMSPAY‘s services. and may refer to either the buyer or seller in a transaction.
   • "we". "Our" and "Us": Rainer Innovation Group, LLC. a Washington Limited Liability Company.
4. Our Services. ARMSPAY provides a payment gateway and financial intermediary service which will allow Users to transfer money from a purchaser of an item to the seller of the item. ARMSPAY provides an internet based portal which currently accepts eCheck transfers from a Users checking accounts. ARMSPAY will make an eCheck transfer request to the User's selected checking account and will receive payment from the Users financial or banking institution. ARMSPAY will hold such funds in a segregated holding account with one of our banking institutions, pending completion of the sale transaction. Upon completion of the sale transaction, as set forth below, the buyer's funds will be released from the segregated holding account to the seller. less our fees as set forth below. ARMSPAY does not have control of, accept any liability for, or in any way make any representation about, the goods purchased using ARMSPAYs services. We do not guarantee the identities of any Users or Dealers, nor do we make any representations about whether you may legally purchase any item for which we provide payment services. It is your responsibility to verify and follow any local, state, or federal laws. guidelines. restrictions. or other regulations relating to the items that you purchase. ARMSPAY is not a banking institution or a chartered depository institution. ARMSPAY will take every effort to protect any funds held in its holding accounts, however, such funds may not always be insured by the Federal Deposit Insurance Corporation (FDIC).
5. Permissible Transactions. You may only use ARMSPAY‘s services to transfer money for purchases between a willing buyer and a willing seller through the legitimate, legal. and bona fide sale of an item. Our services may not be used to transfer money that is unrelated to the purchase of (and payment for) an item. Excluded [non-permissible) transactions for which payment cannot be made through ARMSPAY’s services shall include, but not be limited to: money transfers, gifts, the purchase of cash equivalents, or in conjunction with any purchase of any illegal goods or services.
6. Completion of a Sales Transaction. Upon ARMSPAY receiving notice of the Completion of a Sales Transaction as defined herein, ARMSPAY will, within 48 hours, release from our holding account a buyers funds to the seller. less any fees or costs as set forth in this Agreement. The Completion of a Sales Transaction shall be conclusively deemed to have occurred upon the earliest happening of any of the following events:
   • The Dealer, to which the purchased item was delivered. marking the transaction as completed through the Dealers ARMSPAY account.
   • The buyer taking possession of a purchased item from the Dealer or when item is shipped directly to buyer when a firearm is not involved.
   • The buyer marking the transaction as completed through the buyers ARMSPAY account.
   • 48 hours pass after delivery of the item to the Dealer or buyer.
   • Once a sales transaction has been completed. and ARMSPAY has received notice of the occurrence of one of the events set forth above, ARMSPAY will release the buyer’s funds. By execution of this Agreement and your use of ARMSPAY‘s services. you agree that upon release of the funds to the seller, less ARMSPAYs fees, that ARMSPAY will have no further liability or obligation to the Parties to the transaction. Any subsequent disagreements between the buyer and seller must be handled outside of ARMSPAY. and will not affect ARMSPAYs obligation to complete a transaction or release the buyers held funds.
7. Termination of a Transaction. Once ARMSPAY receives payment from the buyer for a specific transaction, the transaction may be terminated only upon the happening of one of the following events:
   • Upon delivery of an item to a Dealer, the buyer shall have 48 hours to arrange for delivery of the item from the Dealer to the buyer. If the buyer has not taken possession of an item within the 48 hour period after Dealer received the item. the seller may unilaterally choose to terminate the transaction. The seller shall terminate the transaction by marking the transaction as terminated through the sellers ARMSPAY account. Upon doing so. ARMSPAY will notify the Dealer to arrange for return of the item to seller at buyer’s expense. The cost to the buyer of returning the item to the seller shall be limited to the actual cost of shipping the item. plus a 15% packaging and handling fee that may be charged by the Dealer for its return shipping services. Upon notice to ARMSPAY by the Dealer that the item has been shipped to the Seller. and entry of the shipping and handling costs into the Dealers ARMSPAY account. ARMSPAY will release the buyer’s funds from the escrow account to the buyer. less I) the buyers portion of ARMSPAY’s fees as noted below. and ii) the costs of the return shipping and handling to the seller.
   • Upon mutual agreement by the Parties to a transaction. Upon ARMSPAY receiving notice by both parties to a transaction that the transaction has been terminated, ARMSPAY will release the buyer’s funds from the escrow account to the buyer. less the buyers portion of ARMSPAYs fees as noted below.
   • Upon delivery of an item to a Dealer, the buyer shall have 48 hours to inspect the item in the presence of the Dealer. At the point of delivery. the buyer shall have the right to inspect the item purchased. If the buyer, for any reason, chooses to not accept delivery of the item, the Dealer shall retain possession of the item. The buyer may then terminate the transaction by marking the transaction as rejected by the buyer in the buyers ARMSPAY account. Upon doing so, ARMSPAY will notify the Dealer to arrange for return of the item to seller at buyer's expense. The cost to the buyer of returning the item to the seller shall be limited to the actual cost of shipping the item, plus a 15% packaging and handling fee (of the shipping costs. not the payment principal amount) that may be charged by the Dealer for its return shipping services. Upon notice to ARMSPAY by the Dealer that the item has been shipped to the Seller. and entry of the shipping and handling costs into the Dealer's ARMSPAY account. ARMSPAY will release the buyer's funds from the holding account to the buyer. less i) the buyers portion of ARMSPAYs fees as noted below. and ii) the costs of the return shipping and handling to the seller.
   • If a transaction is terminated and an item is returned to the seller pursuant to this paragraph, the buyer shall have no more than 10 days from the date the Dealer enters the shipping and handling charges into the ARMSPAY system to i) seek information regarding the validity of the shipping and handling charges, and ii) file a complaint with ARMSPAY to contest some or all of the shipping charges. Failure to request information or to file a complaint with ARMSPAY within this time period shall be deemed an acceptance of the shipping and handling charges by buyer and shall release ARMSPAY from any liability in regard to the accuracy of such charges. You may file a complaint with ARMSPAY to contest the shipping and handling charges by contacting our customer service department at [email protected]
8. Fees. You agree to pay ARMSPAY a fee for providing the financial intermediary services set forth in this Agreement. Upon completion of the sale transaction as set forth above. you willingly and irrevocably agree to payment of the fees set forth in this paragraph. The fees charged by ARMSPAY will be included in the transaction. As such, a buyer will have their bank account charged with the Payment Principal Amount in addition to the fees included in the final price. Likewise, the seller in any transaction will receive the Payment Principal Amount, less the fees. All fees are non-refundable and will be considered earned by ARMSPAY in all respects. and all contingencies will be treated as having been satisfied, upon Completion of the Sale Transaction as defined above. Any requirement, by a buyer or seller, that the other party is responsible for a specific portion or all of our fees shall not be binding on us. Such must be agreed upon and incorporated into the buyer and seller’s terms of the sale of the item, and the Payment Principal Amount should be adjusted to reflect such agreement of the parties. ARMSPAY will charge each party to a transaction, namely the buyer and seller. a percentage of the Payment Principal Amount in accordance with the fee schedule in effect at the time of the transaction.
9. The fees charged to the buyer and seller by ARMSPAY in a specific transaction will include the following: For transactions involving payments made using an eCheck debit transfer from the buyer's checking accounts, ARMSPAY will charge 4% of the Payment Principal Amount.
10. Disclaimer of warranties. ARMSPAY does not make any representation about. endorse. or in any way make any warranty about:
    • The reliability, identity or performance (past or future) of any seller or buyer. The ranking. feedback. or any other information gathered, displayed. or listed about a ARMSPAY user is the sole opinion of other users. and is not the opinion of ARMSPAY. Such ranking. feedback or other information is only provided to allow users to evaluate other users. based on the opinions provided by other users. ARMSPAY takes no responsibility for any ranking. feedback or other information. and you agree to hold ARMSPAY harmless, for any such information displayed about you or any other user in such a manner.
    • The quality. authenticity. safety. accuracy. reliability. integrity, legality or condition of any item purchased using ARMSPAY/s services. Any dispute about an aspect of any item purchased shall be the sole responsibility of the buyer and seller in a transaction. Do to the dangers that are inherent with the ownership. possession, storage. transportation and use of a firearm, ARMSPAY highly suggests that any firearms or other dangerous items that are purchased through our services be inspected for safety by a professional prior to their use by the buyer. and you agree by execution of this Agreement. and by using ARMSPAYs services. that you will not hold ARMSPAY liable for any damages caused by, or incurred do to, the condition of an item purchased using ARMSPAY‘s services;
    • The time period for shipping or receiving an item. To the extent allowable under state and federal law, ARMSPAY does hereby disclaim any liability, warranty (express or implied, and specifically including any implied warranty of merchantability and fitness for a particular purpose) or responsibility for any goods purchased using its services, and you expressly agree that your use of ARMSPAY’s services is at your sole risk and that you are solely responsible for any damages that arise from an item that is purchased through ARMSPAYs services. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations under this Agreement may not apply to you, and you may have additional rights.
11. Limitations on our Liability. To the extent allowed under local, state, and federal law, by execution of this Agreement and your use of our services, you agree that our liability to you for any breach of this Agreement by us. or for any damages. losses. or any other claims arising from our actions. inactions or policies. shall be limited in scope and amount to the dollar amount of the specific transaction which gave rise to such damages or losses.
12. Limitations on Use. ARMSPAY may, from time to time, establish practices and limitations regarding the use of its services. We may. at our sole discretion. limit, suspend, discontinue or terminate your use of our services for any reason, without notice to you and without liability to you. If we take action to limit, suspend, discontinue or terminate your use of our services,we will make all reasonable efforts to notify you of such actions.
13. Disputes Between Users. ARMSPAY takes no responsibility of the agreements, communications, warranties, or other details between a buyer and seller in a transaction. Therefore. you agree to not involve ARMSPAY in any litigation or other cause of action between you and another ARMSPAY user arising out of any transaction that involved the services of ARMSPAY. If for any reason you do involve ARMSPAY in any such litigation or cause of action, by executing this Agreement and through your use of our services, you hereby agree to pay any and all costs and professional fees (including attorney’s fees) incurred by your actions, and you further agree to provide us with indemnification as set forth below. However, nothing in this Agreement shall be construed to limit any of your rights, claims or defenses with respect to a financial institutions agreements and conditions, any applicable state or federal laws including the federal Truth in Lending Act or the Electronic Fund Transfer Act.
14. Binding Arbitration. In the event of any dispute, claim, suit or any other form of controversy regarding the terms of this Agreement, or the services provided by ARMSPAY, that totals less than $10,000, exclusive of interest, costs and arbitration fees, then you agree that such shall be resolved by and through binding arbitration that is administered through the American Arbitration Association under its Arbitration Rules for the Resolution of Consumer Related Disputes. In the event of any dispute, claim, suit or any other form of controversy regarding the terms of this Agreement, or the services provided by ARMSPAY, which is not covered by the arbitration process noted above, then such shall be resolved by and through binding arbitration that is administered through the American Arbitration Association under its Commercial Arbitration Rules. By agreeing to the binding arbitration noted herein, you explicitly waive the right to bring such action in a court of competent jurisdiction. including the right to contest the validity of this arbitration clause. By execution of this Agreement, you agree to be bound by the findings, decisions, determinations, judgments or other awards resulting from such arbitration, and you further agree that a court of competent, jurisdiction may specifically enforce any such finding. decision. Determination. judgment or other award. You further agree that any arbitration proceeding brought under this Agreement shall take place in King County, Washington, and that any costs or fees of the arbitration proceeding. and any subsequent costs (including reasonable court costs and legal fees) of enforcing the arbitration findings. decisions. Determinations, judgments or awards shall be paid by the unsuccessful party to the arbitration proceeding, unless otherwise ordered by the arbitrator. You further agree and ratify that you have read and understand the Limitations of Our Liability section of this agreement and understand that such shall be binding on any arbitration if allowed under applicable law.
15. Responsibility for Taxes. ARMSPAY is under no obligation or duty to report any or all state, local. sales and income taxes due for transactions that use our services. You hereby agree that it is your responsibility to calculate, collect, report and pay any and all taxes that are due in respect to sale transactions that use our services.
16. Governing Law. This Agreement shall be governed by the laws of the State of Washington, and any other applicable federal laws of the United States of America. In the event that any dispute, claim, suit or any other form of controversy regarding the terms of this Agreement, or the services provided by ARMSPAY, must be brought in any court, you agree to submit to the personal and exclusive jurisdiction of the courts located in King County, Washington and that such legal proceeding, whether instituted by you or us, must be filed in a court of competent, jurisdiction located in King County, Washington.
17. Indemnification. By executing this Agreement and by using our services, you agree, to the fullest extent allowable and permitted under local. state and federal law, to indemnify, defend, and hold harmless ARMSPAY, its subsidiaries and other affiliates, its directors, officers, owners, agents, partners, members, managers, employees, information providers, consultants and any other applicable third party service providers from and against all claims, demands, causes of action, debts or liability, including reasonable attorney’s fees, to the extent that ARMSPAY becomes liable under this Agreement, or by law, arising out of, or in any way connected with:
    • Your use of ARMSPAY’s services:
    • Your breach or non-compliance with any term or condition provided for under this Agreement:
    • Your actions or omissions in providing us with accurate information: and
    • Your negligence or willful violation (including alleged violations) of any law or rights of a third party.
18. Privacy Policy. Your privacy is important to ARMSPAY. Therefore we have developed a Privacy Policy. which can be found by following the link located at the bottom of our home page and many of the other pages of our website. The Privacy Policy sets forth how we collect, use. disclose. transfer and store your personal information. Similar in fashion to changes to this Agreement. we may modify or amend our Privacy Policy from time to time. Such changes or amendments will be made available to you for review by posting on this website a minimum of 30 days prior to their implementation. Despite our desire to maintain your privacy, there may times that either ARMSPAY or a Dealer may be called upon to disclose information (written or otherwise) regarding a specific transaction to which you are a Party. such as in regards to a dispute between a buyer and a seller. You hereby authorize ARMSPAY and/or the Dealer to release such information if we determine it to be in the best interest of one or both of the Parties to the transaction to assist with the resolution of the issue.
19. 19. Miscellaneous. This Agreement contains the full and complete agreement between you and ARMSPAY. If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed under local law in a manner that is as close to the intent of this agreement, as is legally possible. Any and all remaining provisions of this Agreement shall remain in full force and effect, and the invalidity of any provision of this Agreement shall in no way invalidate any other portion of this Agreement. Any failure on ARMSPAYs part to enforce a right or provision set forth in this Agreement shall not constitute a waiver of such right or provision, or any other right or provision contained in this Agreement.