Terms Of Service

Last Updated: October 5, 2019

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our DepositLink's use of cookies in accordance with the terms of DepositLink's privacy policy / cookies policy.

Notice

All parties agree that the DepositLink service can only be used to legally bind and execute real estate contracts.

All parties understand that DepositLink is not a real estate brokerage or escrow holding company.

All parties understand that DepositLink uses the Automated Clearing House (ACH) to transfer money.

All parties agree that payments made through DepositLink to legally bind and execute real estate contracts are considered authorized debits as defined by NACHA, and cannot be recalled, returned, or reversed.

All parties agree that a dispute over a payment made through DepositLink to legally bind and execute a real estate contract will be handled by the parties involved and in compliance with local laws.

All parties agree that DepositLink is not a party to real estate contracts and will only provide records when legally obligated to.

All parties agree that DepositLink will be held totally and completely harmless if there are disputes over payments made through DepositLink.

All parties agree that an attempt to recall, return, or reverse an authorized payment made through DepositLink when legally bound by a real estate contract, or involved in a legal dispute over an authorized payment, is a crime.

If a payment is made in error, the parties involved agree to notify DepositLink in writing within 10 business days to correct the error. All parties agree that DepositLink will have 30 calendar days from the notification date to respond and/or correct the error.

All parties agree to act lawfully when using the DepositLink platform to legally bind and execute a real estate contract.

Partner agreement with Dwolla

In order to use the payment functionality of the DepositLink application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize DepositLink to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the DepositLink application, and Dwolla account notifications will be sent by DepositLink, not Dwolla. DepositLink will provide customer support for your Dwolla account activity, and can be reached at www.depositlink.com, or support@depositlink.com.

License to use website

Unless otherwise stated, DepositLink and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution].

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DepositLink's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without DepositLink's express written consent.

Restricted access

Access to certain areas of this website is restricted. DepositLink reserves the right to restrict access to other areas of this website, or indeed this entire website, at DepositLink's discretion.

If DepositLink provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

DepositLink may disable your user ID and password in DepositLink's sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or DepositLink or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

DepositLink reserves the right to edit or remove any material submitted to this website, or stored on DepositLink's servers, or hosted or published upon this website.

No warranties

Without prejudice to the generality of the foregoing paragraph, DepositLink does not warrant that this website will be 100% available for use.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

DepositLink will not be liable for:

  • any indirect, special or consequential loss; or
  • any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss due to user error.

These limitations of liability apply even if DepositLink has been expressly advised of the potential loss.

Processing Fee

Consumers who use the DepositLink service to transfer money will pay a non-refundable processing fee based on usage and dollar amounts.

Rentals - A consumer who makes payments between $1.00 and $500,000 using the "rental flow" will pay a single $5.00 processing fee per 24 hour period. The $5.00 processing fee is added to the first payment made by the consumer, and the 24 hour period begins when the first payment is made by the consumer.

Sales - A consumer who makes payments using the "sale flow" will pay a $5.00 processing fee per transfer between $1 and $4,999.99; and pay a $10.00 processing fee per transfer between $5,000 and $500,000. The appropriate processing fee is added to each payment made by the consumer.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DepositLink's liability in respect of any:

  • death or personal injury caused by DepositLink's negligence;
  • fraud or fraudulent misrepresentation on the part of DepositLink; or
  • matter which it would be illegal or unlawful for DepositLink to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, DepositLink has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against DepositLink's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DepositLink's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DepositLink.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify DepositLink and undertake to keep DepositLink indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by DepositLink to a third party in settlement of a claim or dispute on the advice of DepositLink's legal advisers) incurred or suffered by DepositLink arising out of any breach by you of any provision of these terms and conditions, [or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to DepositLink's other rights under these terms and conditions, if you breach these terms and conditions in any way, DepositLink may take such action as DepositLink deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

DepositLink may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

DepositLink may transfer, sub-contract or otherwise deal with DepositLink's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and DepositLink in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Massachusetts law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.

Registrations and authorizations

DepositLink LLC is registered with the State of Massachusetts. You can find the online version of the register at https://www.sec.state.ma.us/cor/coridx.htm.

You can contact DepositLink's support at support@depositlink.com.