Payment and Refund Policy

Thank you for using Greenberg & Co.. Please take the time to review the terms and conditions of usage for the Greenberg & Co. system. By clicking on the “Agree with Terms and Conditions”, you, the Payer, signify your acceptance of the terms and conditions of the Greenberg & Co. service. Please note that Greenberg & Co. reserves the right to modify these terms and conditions at any time. If, at any time, you do not wish to accept these terms and conditions of service, you may choose to not use the Greenberg & Co. system.

1. Description of Greenberg & Co. services: Greenberg & Co. provides an online and phone payment service to merchants with a specific target market in the property management industry. A merchant that uses the Greenberg & Co. system can choose to provide their respective payers the option to pay with an electronic check (ACH) and/or credit card. Payment types made by payers to their respective merchants via the Greenberg & Co. system can include Lease, Homeowner Association, Security Deposit, Application Fee, etc… The merchant can choose to offer the payer options for one-time payments and/or automatic payments. Greenberg & Co. will process a transaction to the account holder’s account information provided on the date the payer instructs Greenberg & Co. to process the transaction. The transaction will be credited to the merchant less any applicable service fees within the time frame indicated online or over the phone. If a notification is selected, Greenberg & Co. will send an e-mail receipt to the payer in a timely fashion as well as notifying the management company via online reporting and e-mail notification.

2. Registration and Use: In consideration of your use of the Greenberg & Co. service, you agree that (i) the information provided to Greenberg & Co. in the user registration and personal information is accurate and in the event this information should change, you will update your information on the system to be true and accurate in a timely manner and (ii) that the user of the account will not use the Greenberg & Co. service for illegal purposes and (iii) you are at least 18 years old and (iv) you will comply with US Law regarding the transmitting of any data obtained on the Greenberg & Co. system and (v) you are fully responsible for all activity occurring under your username and password via your Greenberg & Co. account and in the event you have knowledge of unauthorized access to your Greenberg & Co. account, you will immediately notify Greenberg & Co. and (vi) you are fully authorized to use any bank account or credit card registered in your Greenberg & Co. account.

3. Fees: Per our agreement with your merchant, Greenberg & Co. reserves the right to assess a convenience fee for use of the Greenberg & Co. service. Greenberg & Co. will not charge you, the payer, a convenience fee without receiving prior authorization and consent. While the Greenberg & Co. system displays all related convenience fees in a visible location for payers, the payer will receive a final confirmation page including the transaction amount including the convenience fee and will be given the opportunity to either “Submit” or “Cancel” the transaction.

4. Transaction Authorizations: In accordance with the terms of the use of the Greenberg & Co. system, you waive the right to initiate a chargeback or stop payment against any transaction initiated through your Greenberg & Co. account. In the event a cardholder or bank account holder would like to request a refund for a transaction processed on the Greenberg & Co. system, this individual must contact Greenberg & Co. directly and adhere to the guidelines outlined in section 5 for ‘Transaction Refunds’.

5. Transaction Refunds: A Greenberg & Co. user can request a refund for a payment processed through the payer’s Greenberg & Co. account if the payment is still in processing to the merchant. Once the funds have settled to the merchant’s deposit account, the Greenberg & Co. user can no longer request a refund directly with Greenberg & Co. and must request that the merchant send a request to Greenberg & Co. for a refund to the account holder. The merchant must include the transaction number and amount to be refunded. Requests are fulfilled only during Greenberg & Co. business hours Monday through Friday 8:00 AM-5:30 PM PST. A request can be sent via:

• E-mail request to support@greenbergcompany.com

If a payment is still processing to a merchant, a refund can be requested by Greenberg & Co. user to the bank account or credit card used for the transaction through the following steps:

• All transaction cancellations or refunds must be requested by e-mailing support@greenbergcompany.com from the email provided with the user’s payment and the request must include the transaction number and amount to be refunded.

8. No Warranty: Greenberg & Co. and/or its parent, subsidiaries, officers, directors and employees (collectively, “agents”) provide its services “as is” and without any warranty or condition, express, implied or statutory. Greenberg & Co. and its agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Greenberg & Co. shall make reasonable efforts to ensure that all electronic debits and credits involving the Account are processed in a timely manner, however Greenberg & Co. makes no representations or warranties regarding the accuracy or timeliness of such processing because Greenberg & Co.’s processing is largely dependant upon many factors outside of its control, such as delays in the U.S. banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to the payer.

9. Limitation of Liability: In no event shall Greenberg & Co. and/or its agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to Lessee.

10. Release: You, the Greenberg & Co. user, agree to release Greenberg & Co. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Agreement. If the Greenberg & Co. user is a Texas resident, Lessee waives Texas Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.” THE LIABILITY OF Greenberg & Co. AND ITS AGENTS TO LESSEE OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

11. Indemnification: Lessee agree to indemnify and hold Greenberg & Co. and/or its Agents harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Lessee’s breach of this Agreement or the documents it incorporates by reference.

12. General: Any claim or dispute arising out of the Agreement shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Agreement is governed by and interpreted under the laws of the state of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas by Texas residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern the Agreement to the extent that the FAA is inconsistent with Texas law. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Lessee agrees that the Agreement may be automatically assigned by Greenberg & Co., in its sole discretion, to a third party in the event of a merger or acquisition. The Agreement and the documents it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof and Sections 1-7 above shall survive any termination or expiration of the Agreement.

Privacy and Security Notice

Greenberg & Co. is committed to ensuring the privacy and security of information collected through our web site. This privacy notice discloses the privacy practices for www.greenbergcompany.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

1. What personal identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.

Information exchanged via our Web site is sent in a secured format established with Secure Sockets Layer (SSL) technology. SSL technology secretly encodes information that is sent over the Internet between your computer and Greenberg & Co.. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this web site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to process a transaction.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Access and control over your information

You may contact Greenberg & Co. regarding any information regarding your account. You can do the following by contacting us via the email address or phone number given on our website: