Terms of service rules that apply only to BetterCheck

USE OF SYSTEM - RESULTS.
BetterCheck is not a funds guarantee service and cannot be referred to as such.

Users are specifically prohibited from using the results from BetterCheck as the sole reason to approve or decline a customer's check.  All results from BetterCheckare intended to be used as ONE PART of your overall loss prevention and check approval procedure.  Under no circumstances can written or verbal communication to the check writer be made that identifies BetterCheck as a reason for approval or decline except as provided below regarding the FCRA.

ACCOUNT VERIFICATION SERVICES.
If utilizing BetterCheck's verification and authentication services (“Verification Services”), Merchant will submit a verification transaction inquiry to BetterCheck. BetterCheck will then process the transaction and provide Merchant the results of the verification inquiry.

1. The following is a list of permissible uses for the data received through BetterCheck's Verification and Authentication Services (the “Services”) in accordance with section 604(a) of the Fair Credit Reporting Act (“FCRA”):

a. DISCLAIMER. None of BetterCheck’s Verification Services can verify that the name provided by Merchant as the account holder matches the actual owner of the account number submitted by Merchant.
b. PERMISSIBLE USES. IN ADDITION TO COMPLIANCE WITH FAIR CREDIT REPORTING ACT REQUIREMENTS AS REFERRED TO IN APPENDIX B ATTACHED HERETO, MERCHANT SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION WITH PAYMENTS PRESENTED TO MERCHANT BY ITS CUSTOMERS IN EXCHANGE FOR GOODS OR SERVICES.
c. No Retention of Data. Merchant acknowledges and agrees that it shall not retain, store, compile or aggregate the results of verification inquiries received from ACHD except as required by applicable law or to perform its obligations under this Agreement.
d. Representation by Merchant. Each request for data through the Verification Services shall constitute a representation, warranty and certification by Merchant that the data (i) shall be used and disclosed only in accordance with the terms of the Agreement, and in accordance with any applicable Rules or laws; (ii) shall be used solely for the intended use as stated by Merchant on the MSAA and that use is in compliance with the permissible uses under the FCRA and U.S. Code sections listed in these Terms and Conditions and attached Appendices; (iii) Merchant will follow proper procedures for adverse action notification to its customers, as provided in Appendix B to the Terms and Conditions attached hereto; and (iv) Merchant acknowledges it has implemented security measures to prohibit the unauthorized access to the information provided.
e. Audit. Merchant agrees to cooperate fully with BetterCheck or providers of information to the BetterCheck network in conducting a review of Merchant’s use of the Verification Services to verify that Merchant is using the services in compliance with this Agreement.
f. Immediate Termination. BetterCheck reserves the right to immediately terminate Merchant’s access to the Verification Services should BetterCheck have reason to believe that Merchant is using the Verification Services for a purpose other than a permissible use.


FCRA list of permissible uses for data provided via the BetterCheck Network in accordance with section 604(a) of the FCRA are as follows:

- In response to a court order or Federal Grand Jury
- In accordance with the written instruction of the consumer to whom the information relates
- In connection with a credit transaction involving the consumer on whom the information is
  to be furnished and involving the extension of credit to, or review or collection of an account
  of , the consumer
- For employment purposes
- In connection of the underwriting of insurance involving the consumer
- To determine the consumer's eligibility for a license or other benefit granted by a governmental
  instrumentality required by law to consider an applicant's financial responsibility or status
- As a potential investor or servicer, or current insurer, in connection with the valuation of, or an
  assessment of the credit or prepayment risks associated with, an existing credit obligation
- Otherwise having a legitimate business need for the information, including:
     - In connection with a business transaction that is initiated by the consumer
     - To review an account to determine whether the consumer continues to meet the terms of
        the account

2. Representations by Merchant. Each request for data through the Services shall constitute a representation, warranty and certification by Merchant that the data (a) shall be used and disclosed only in accordance with the provisions of the MSAA, the Terms and Conditions and this Appendix B, and in accordance with any applicable Rules or laws; and (b) shall be used solely for the intended  use as provided in the MSAA. BetterCheck reserves the right to immediately terminate Merchant’s access to the Services should BetterCheck have reason to believe that Merchant is using the Services for a purpose other than a permissible use as provided for in Section 5 and 6 of the Terms and Conditions and this Appendix B. Merchant acknowledges it has implemented security measures to prohibit the unauthorized access to the information provided.

3. In compliance with FCRA requirements, Merchant is hereby instructed to provide to any and all customers whose payments are declined by Merchant based upon information received from BetterCheck, a means through which the customer may investigate and challenge non-acceptance of the payment. Merchant shall provide a notice of such procedure to its declined customers in writing, in a form substantially similar to the following:

“We regret to inform you that we were unable to accept your payment based on financial account information received from the below named company:

BetterCheck
PO BOX 230641
BOSTON, MA 02123
800-893-6001
or ask for Customer Service – Verification Services

You have the right to be told the nature of the financial account information that was provided by this company upon making a written request to the company at the contact information provided above within sixty (60) days of receipt of this notification. “

4 .REPRESENTATIONS BY MERCHANT - Each request for data through the BetterCheck Network shall constitute a representation, warranty and certification by the merchant that the data (a) shall be used and disclosed only in accordance with the rules or laws; and (b) shall be used solely for the intended use as provided in the terms of service.  Yourfavorite.com reserves the right to to immediately terminate merchant access to the BetterCheck Network should yourfavorite.com learn that the merchant is using the services for a purpose other than a permissible use as provided for in the TOS. The merchant acknowledges it has implemented security measures to prohibit the unauthorized access to the information provided.

5 . AVS - Address Verification Service is required to be met with a Y, or X for all BetterCheck transaction via credit card.  If you AVS is not met, users can contact the Visa AVS line to verify the address before resubmitting their details at 800-847-2750. MasterCard users must speak to a representative with the issuing bank at 800-622-7747. For AMEX call 800-528-2121and ask to update your address verification settings.

6. SCREENING - Prior to setup and order acceptance for a new order or upgrade, the business may be screened against the following databases, credit bureaus, or lists including but not limited to Dun and Bradstreet, the Terrorist Watch List, the Money Laundering List, and the Terminated Merchant File (TMF).

7. HIGH RISK VERIFICATION ACTIVITY - The BetterCheck system is designed for use by various businesses as permitted to reduce the number of bad checks deposited. Merchants whose "DECLINED" verification response rates exceed 20% on a regular basis may be re-evaluated to prevent factoring and stale account scrubbing, which is prohibited by the terms of service for BetterCheck users. Merchants determined to be HIGH RISK may face higher transaction fees, or account termination. Determination of HIGH RISK STATUS is at the discretion of of publisher yourfavorite.com and the operators and underwriters of the BetterCheck Network. All decisions are final.