Fastlane by PayPal Terms and Conditions
Important
We’re updating Fastlane’s Terms and Conditions. New Terms will go into effect on February 13, 2025.
Current Terms and Conditions
Current Terms and Conditions are in effect until Feb 13, 2025
Last updated: Apr 2 2024
These Terms and Conditions (“Terms”) form a binding legal agreement between you and PayPal, Inc. (“us”, “our”, “we”, or “PayPal”), the provider of the Fastlane by PayPal (formerly known as “Connect by PayPal”) service (the “Service” or “Fastlane”).
Your use of Fastlane is also subject to our Privacy Statement, which is incorporated into these Terms by reference. Please review our Privacy Statement in order to better understand how we collect, use, and disclose your information.
These Terms include an agreement to resolve disputes by arbitration on an individual basis.
PLEASE NOTE: FASTLANE IS INTENDED TO MAKE ONLINE CHECKOUT EASIER BY PREPOPULATING A PARTICIPATING MERCHANT’S CHECKOUT FLOW WITH PAYMENT CARD, CONTACT INFORMATION, AND SHIPPING DATA YOU SAVE IN YOUR FASTLANE PROFILE. WHEN USING FASTLANE, PLEASE KEEP IN MIND:
ANY TRANSACTIONS WILL BE COMPLETED USING THE PAYMENT CARD INFORMATION RETRIEVED FROM YOUR FASTLANE PROFILE. THESE TRANSACTIONS WILL BE REFLECTED IN STATEMENTS OR OTHER MATERIALS YOU RECEIVE FROM YOUR PAYMENT CARD ISSUER AND ANY DISPUTES OR ISSUES YOU HAVE WITH YOUR TRANSACTION SHOULD BE ADDRESSED DIRECTLY WITH THE MERCHANT AND/OR YOUR CARD ISSUER.
YOUR FASTLANE PROFILE IS NOT A PAYPAL ACCOUNT AND TRANSACTIONS COMPLETED USING PAYMENT CARD INFORMATION RETRIEVED FROM YOUR FASTLANE PROFILE ARE NOT ELIGIBLE FOR PAYPAL ACCOUNT BENEFITS, INCLUDING, WITHOUT LIMITATION, PURCHASE PROTECTION AND PAYPAL REWARDS. IF YOU HAVE A PAYPAL ACCOUNT AND WISH TO ACCESS THESE BENEFITS, YOU SHOULD USE YOUR PAYPAL ACCOUNT TO COMPLETE THE TRANSACTION.
Eligibility
Fastlane may only be used for personal, family or household purposes. You must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence, to use the Service. You may not use Fastlane if you have been terminated or suspended from using any of PayPal’s services for any reason, or if your use of Fastlane would otherwise violate applicable law.
Creating a Fastlane Profile
When checking out at participating merchants, you may have the ability to create a Fastlane profile to save your payment and contact information for faster checkouts at that merchant and at other merchants in the Fastlane network. When you create a Fastlane profile, we will store certain information you’ve provided, such as your name, billing and shipping addresses, mobile phone number, email address and payment card information (“Fastlane Data”). Storing Fastlane Data in a Fastlane profile allows PayPal to access that information, at your direction, and provide it to participating Fastlane merchants and their processors to expedite the checkout process and complete purchases. You must only store information that you are authorized to provide and use.
By creating a Fastlane profile, you are authorizing and directing each participating merchant to share your email address and/or mobile phone number with us after you have initiated a transaction with the merchant so that we can identify whether you have a Fastlane profile and confirm whether you would like us to access your Fastlane Data to prepopulate your checkout information. If we identify you as having a Fastlane profile, we will authenticate you by sending a one-time code via SMS text message to the mobile phone number associated with your Fastlane profile and ask you to send the code back to us. If you respond and we are able to authenticate you, your Fastlane Data will be retrieved and prepopulated in the merchant’s checkout flow for a faster checkout. If you change the Fastlane Data at checkout (such as by providing a new billing address or payment card information), the updated information will be saved to your Fastlane profile. By creating a Fastlane profile, you authorize and direct us to use Fastlane Data as described in these Terms and our Privacy Statement .
Payment Card Information
You may only save debit cards or credit cards to your Fastlane profile. Any cards you save must be cards that you are authorized to use. Although you are responsible for keeping your payment card information up to date, we may update your card information using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you should close your Fastlane profile. Removing a card from your Fastlane profile or closing your profile does not cancel or change any obligations or amounts previously incurred or owed to participating merchants.
Purchases
When you use the information in your Fastlane profile during a merchant’s checkout process, you move through the checkout experience faster by leveraging Fastlane to autofill your saved information into the merchant’s checkout flow. Fastlane is not a payment processing or electronic funds transfer service. Instead, you authorize us to share your Fastlane profile information with the participating merchant each time you use Fastlane at checkout, and you authorize the merchant to charge the card information provided at your request. By using Fastlane at checkout, you represent that you have sufficient available funds or credit to pay for your transaction, including any applicable fees. Purchases made using information from your Fastlane profile are just like purchases you make when you type in the information yourself. For returns and refunds, or if you have any issue with a purchase, contact the merchant directly.
Accurate Information and Profile Security
You agree that you are responsible for providing us with information that is accurate at the time you provide it. If your Fastlane Data changes, you are responsible for updating the information in your profile to ensure it remains accurate. When you use the Service, we may use various methods to authenticate you, including by sending you an SMS text message with a special code and asking that you type in the code into the spaces provided by Fastlane to verify your ownership and control of the device from which you are attempting to access the Service. You agree to receive these SMS text messages from us for this purpose and acknowledge that carrier fees may apply.
Your Fastlane profile is associated with your mobile phone number and you will need your mobile phone to verify your identity each time you use the Service. You should not create a Fastlane profile using a phone that you share with others. . We will never call you or contact you to ask for private information, such as the code we send you by SMS text message to authenticate you. If you become aware of any unauthorized use or access to your profile or your mobile phone number, or if your mobile phone is lost or stolen, please contact us immediately. If an unauthorized purchase has been made using the information contained in your profile, contact your card issuer immediately to report the unauthorized purchase.
E-Communication Delivery Policy
By accepting these Terms, you consent to receive and view disclosures, notices, and other Service-related communications from us (including, without limitation, communications regarding changes to the Service, these Terms, or the Privacy Statement) electronically by any of the following means, which will constitute proper notice to you under applicable law:
Sending an email to the email address associated with your Fastlane profile (which may include a link to view the communication);
Sending a text to the mobile phone number associated with your Fastlane profile (which may include a link to view the communication); or
Making the communication available through the Fastlane profile management portal.
Because we communicate electronically, you must provide your consent to receive communications electronically in order to establish a Fastlane profile and use the Service. You may withdraw your consent to receive all communications electronically by closing your Fastlane profile and ceasing use of the Service. If you fail to provide, or if you withdraw, your consent to receive communications electronically, we will decline to establish a Fastlane profile for you, or we will terminate your Fastlane profile.
If, after you consent to receive communications electronically, you would like a paper copy of a communication we previously sent you, you may request a copy within 180 days of the date we provided the communication to you by contacting us . We will send your paper copy to you by U.S. mail to the primary address in your Fastlane profile.
In order to receive electronic communications, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number, you must have the following:
A computer or mobile device with an Internet connection;
A current web browser with cookies enabled;
A valid email address associated with your Fastlane profile;
Ability to store or print the communication; and
If you use a spam blocker, you must add comms@fastlane-mail.paypal.com to your email address book or whitelist
We reserve the right to change the above system requirements and will provide you with notice of any such change.
You must ensure that the mobile phone number and/or email address associated with your Fastlane profile is valid and that you are able to receive texts at that number and email at that email address. You acknowledge that our ability to provide communications to you is contingent on the validity of the mobile phone number and email address associated with your Fastlane profile. If your mobile phone number or email address is no longer valid, we reserve the right to terminate your Fastlane profile. We reserve the right to provide you with any communication in writing, rather than electronically, to the primary address associated with your Fastlane profile.
Communications Between You and Us
By providing us with your mobile phone number and email address, you represent and warrant that you are the owner of that mobile phone number and email address. You consent to accept and receive communications from us to your email address and mobile phone number, including e-mail, text messages, calls, autodialed calls, or other messages. These communications may use autodialed or prerecorded messages and may be sent for the purposes of identifying you, verifying your Fastlane profile, informing you of updates to the Service or Service-related activity, responding to support requests, and/or for other Service-related purposes. You also consent to receive a text message to your mobile phone number with a Fastlane login code each time you initiate checkout on a Fastlane merchant site and when you login to the Fastlane profile management portal. You also consent to accept and receive communications from us about Fastlane sent to the email address you provide. We may also send you emails for the purpose of verifying your Fastlane Profile or notifying you about Service-related activity.
Depending on your current carrier plan, you may incur charges for text, calls, e-mail, or other Service-related messages you receive from us. You agree you will not hold, nor participate in any action which seeks to hold, PayPal liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of PayPal, and that PayPal is not responsible for any failure of warranty by any such third party. PayPal cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. To opt-out of receiving text messages, close your Fastlane profile and cease use of the Service. You can close your profile by logging into your profile at fastlane.paypal.com, navigating to the profile settings section, selecting the close profile option, and confirming your choice. You acknowledge that opting out of receiving communications may impact your ability to use the Service and may result in you no longer having access to the Service.
Prohibited Conduct
You must not use the Service in any manner that violates these Terms or applicable law.
Intellectual Property
The Service is protected by trademark, copyright, patent and other laws of the United States and other countries. All right, title and interest in and to the Service, including, without limitation, the Fastlane user experience, websites, any related content and technology, and all technology and content created or derived from any of the foregoing, is the exclusive property of PayPal and its licensors. We reserve all intellectual property rights, title, and interest in and to the Service. Your use of the Service is subject to these Terms, and these Terms do not grant you any rights to our intellectual property.
Feedback
If you submit feedback to us about the Service, including ideas or suggestions, you agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation to you.
Termination
We may terminate the Service at any time in our sole discretion. In addition, we may modify, limit, or terminate your access to the Service at any time in our sole discretion. You may terminate your Fastlane profile at any time through the Fastlane profile management portal. You will remain liable for all obligations related to your Fastlane profile, even after your profile or the Service has been suspended or terminated.
The following sections of these Terms will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties and Release, Release of PayPal, Limitation of Liability, Arbitration and Class Action Waiver, Governing Law, Assignment, and Miscellaneous.
Amendments
We may amend these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness. Any changes to the Terms will be accessible via the Fastlane profile management portal, and the Terms posted will indicate the last revision date. The revised Terms will take effect when posted or as otherwise expressly indicated. If you do not agree to the changes, you must stop using the Service. By continuing to use the Service after any changes to the Terms take effect, you agree to be bound by those changes.
Disclaimer of Warranties and Release
The Service is provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not have any control over the products or services provided by sellers where you can use your Fastlane profile to facilitate checkout, and we cannot ensure that the seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted, or secure access to any part of the Service, and operation of websites, software, or systems (including any networks and servers used to provide the Service) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you or will apply to you to the greatest extent the law allows.
Release of PayPal
You are responsible for any transactions you complete with information from your Fastlane profile. The merchant is responsible for provisioning the goods or services that you purchase. If you wish to make a return, receive a refund or exchange, or otherwise have an issue with a purchase, contact the merchant directly.
We are not responsible for the acts or omissions of merchants that participate in the Fastlane network or for the goods and services that they sell. You release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the acts or omissions of merchants that are part of the Fastlane network or for the goods and services that they sell. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Limitation of Liability
Our liability is limited with respect to your Fastlane profile and your use of the Service.In no event shall we be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with websites, software, systems (including any networks and servers used to provide the Service) operated by us or on our behalf, the Service, or these Terms (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, or (b) any portion of the Service; (2) delays or disruptions in (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, or (b) any portion of the Service; (3) viruses or other malicious software obtained by accessing (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, (b) any portion of the Service or (c) any website or service linked to our websites, software or any portion of the Service; (4) glitches, bugs, errors, or inaccuracies of any kind in (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, (b) any portion of the Service or (c) the data obtained from the foregoing; (5) the content, actions, or inactions of third parties; (6) a suspension, termination, or other action taken with respect to your Fastlane profile; or (7) your loss of access to, or inability to continue use of, the Service as a result of changes to these Terms.
ARBITRATION AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
- Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.
- Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
- Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice that must be postmarked no later than 30 days after the date you accept these Terms for the first time.
If a dispute arises between you and PayPal, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and PayPal regarding the Fastlane service may be reported to us via the Fastlane profile management portal.
Agreement to Arbitrate | |
|---|---|
Our Agreement | You and PayPal each agree that any and all disputes or claims that have arisen or may arise between you and PayPal, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration or in small claims court. You or PayPal may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. |
Notice of Disputes | Before bringing any dispute or claim, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your Fastlane profile; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form, including but not limited to: your or PayPal’s signature, the email address and phone number associated with the customer’s Fastlane profile, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party. |
Prohibition of Class and Representative Actions and Non-Individualized Relief | You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. |
Arbitration Procedures | Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate and issues that this Agreement to Arbitrate indicates that a court can resolve. |
Costs of Arbitration | Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. |
Severability | With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. |
Opt-Out Procedure | If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, 2211 North First Street, San Jose, CA 95131. |
Future Amendments to this Agreement to Arbitrate | Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against PayPal or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and PayPal. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms through the Fastlane profile management portal at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Fastlane profile within the 30-day period and you will not be bound by the amended terms. |
Support
If you need support, call 1-844-705-3555 or visit fastlane.paypal.com/help/support.
Governing law
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us.
Assignment
You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We may transfer or assign these Terms or any right or obligation under these Terms at any time.
Miscellaneous
These Terms, including any other terms and policies incorporated by reference, are the only agreement between you and us regarding the Service. These Terms do not alter in any way agreements between you and the issuer(s) or provider(s) of your financial instrument(s). These Terms do not alter any obligations you may have to a merchant from whom you have made a purchase. Nothing in these Terms shall be deemed to create a partnership, joint venture, or other agency or fiduciary duty between you and us. If a court determines that any part or provision of these Terms is unenforceable, the other parts of these Terms shall still apply. Any waiver our rights under these Terms must be in writing signed by us. If we fail to immediately exercise any right we have under these Terms, we do not waive that right.
New Terms and Conditions
New Terms and Conditions are in effect beginning Feb 13, 2025
Last updated: Jan 13 2025
These Terms and Conditions (“Terms”) form a binding legal agreement between you and PayPal, Inc. (“us”, “our”, “we”, or “PayPal”), the provider of the Fastlane by PayPal (formerly known as “Connect by PayPal”) service (the “Service” or “Fastlane”).
Your use of Fastlane is also subject to our Privacy Statement, which is incorporated into these Terms by reference. Please review our Privacy Statement in order to better understand how we collect, use, and disclose your information.
These Terms include an agreement to resolve disputes by arbitration on an individual basis.
PLEASE NOTE: FASTLANE IS INTENDED TO MAKE ONLINE SHOPPING EASIER BY PREPOPULATING, AT YOUR DIRECTION, A PARTICIPATING MERCHANT’S SITE (FOR EXAMPLE DURING CHECKOUT OR ACCOUNT CREATION) WITH DATA YOU SAVE IN YOUR FASTLANE PROFILE, SUCH AS PAYMENT CARD, CONTACT INFORMATION, OR SHIPPING ADDRESSES. WHEN USING FASTLANE, PLEASE KEEP IN MIND:
ANY TRANSACTIONS WILL BE COMPLETED USING THE PAYMENT CARD INFORMATION RETRIEVED FROM YOUR FASTLANE PROFILE. THESE TRANSACTIONS WILL BE REFLECTED IN STATEMENTS OR OTHER MATERIALS YOU RECEIVE FROM YOUR PAYMENT CARD ISSUER AND ANY DISPUTES OR ISSUES YOU HAVE WITH YOUR TRANSACTION SHOULD BE ADDRESSED DIRECTLY WITH THE MERCHANT AND/OR YOUR CARD ISSUER.
YOUR FASTLANE PROFILE IS NOT A PAYPAL ACCOUNT AND TRANSACTIONS COMPLETED USING PAYMENT CARD INFORMATION RETRIEVED FROM YOUR FASTLANE PROFILE ARE NOT ELIGIBLE FOR PAYPAL ACCOUNT BENEFITS, INCLUDING, WITHOUT LIMITATION, PURCHASE PROTECTION AND PAYPAL REWARDS. IF YOU HAVE A PAYPAL ACCOUNT AND WISH TO ACCESS THESE BENEFITS, YOU SHOULD USE YOUR PAYPAL ACCOUNT TO COMPLETE THE TRANSACTION.
Eligibility
Fastlane may only be used for personal, family or household purposes. You must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence, to use the Service. You may not use Fastlane if you have been terminated or suspended from using any of PayPal’s services for any reason, or if your use of Fastlane would otherwise violate applicable law.
Creating a Fastlane Profile
When shopping out at participating merchants, you may have the ability to create a Fastlane profile to save your payment and contact information for faster checkouts at that merchant and at other merchants in the Fastlane network. When you create a Fastlane profile, we will store certain information you’ve provided, such as your name, billing and shipping addresses, mobile phone number, email address and payment card information (“Fastlane Data”). Storing Fastlane Data in a Fastlane profile allows PayPal to access that information, at your direction, and provide it to participating Fastlane merchants and their processors to expedite the shopping process. You must only store information that you are authorized to provide and use.
By creating a Fastlane profile, you are authorizing and directing each participating merchant to share your email address and/or mobile phone number with us so that we can identify whether you have a Fastlane profile and confirm whether you would like us to access your Fastlane Data. If we identify you as having a Fastlane profile, we will authenticate you by sending a one-time code via SMS text message to the mobile phone number associated with your Fastlane profile and ask you to send the code back to us. If, after authentication, you update any prepopulated Fastlane Data (such as by providing a new billing address or payment card information), the updated information will be saved to your Fastlane profile. By creating a Fastlane profile, you authorize and direct us to use Fastlane Data as described in these Terms and our Privacy Statement .
Payment Card Information
You may only save debit cards or credit cards to your Fastlane profile. Any cards you save must be cards that you are authorized to use. Although you are responsible for keeping your payment card information up to date, we may update your card information using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you should close your Fastlane profile. Removing a card from your Fastlane profile or closing your profile does not cancel or change any obligations or amounts previously incurred or owed to participating merchants.
Purchases
Fastlane is not a payment processing or electronic funds transfer service.
By using Fastlane at checkout, you represent that you have sufficient available funds or credit to pay for your transaction, including any applicable fees. Purchases made using information from your Fastlane profile are just like purchases you make when you type in the information yourself. For returns and refunds, or if you have any issue with a purchase, contact the merchant directly.
Accurate Information and Profile Security
You agree that you are responsible for providing us with information that is accurate at the time you provide it. If your Fastlane Data changes, you are responsible for updating the information in your profile to ensure it remains accurate. When you use the Service, we may use various methods to authenticate you, including by sending you an SMS text message with a special code and asking that you type in the code into the spaces provided by Fastlane to verify your ownership and control of the device from which you are attempting to access the Service. You agree to receive these SMS text messages from us for this purpose and acknowledge that carrier fees may apply.
Your Fastlane profile is associated with your mobile phone number and you will need your mobile phone to verify your identity each time you use the Service. You should not create a Fastlane profile using a phone that you share with others. We will never call you or contact you to ask for private information, such as the code we send you by SMS text message to authenticate you. If you become aware of any unauthorized use or access to your profile or your mobile phone number, or if your mobile phone is lost or stolen, please contact us immediately. If an unauthorized purchase has been made using the information contained in your profile, contact your card issuer immediately to report the unauthorized purchase.
E-Communication Delivery Policy
By accepting these Terms, you consent to receive and view disclosures, notices, and other Service-related communications from us (including, without limitation, communications regarding changes to the Service, these Terms, or the Privacy Statement) electronically by any of the following means, which will constitute proper notice to you under applicable law:
Sending an email to the email address associated with your Fastlane profile (which may include a link to view the communication);
Sending a text to the mobile phone number associated with your Fastlane profile (which may include a link to view the communication); or
Making the communication available through the Fastlane profile management portal.
Because we communicate electronically, you must provide your consent to receive communications electronically in order to establish a Fastlane profile and use the Service. You may withdraw your consent to receive all communications electronically by closing your Fastlane profile and ceasing use of the Service. If you fail to provide, or if you withdraw, your consent to receive communications electronically, we will decline to establish a Fastlane profile for you, or we will terminate your Fastlane profile.
If, after you consent to receive communications electronically, you would like a paper copy of a communication we previously sent you, you may request a copy within 180 days of the date we provided the communication to you by contacting us . We will send your paper copy to you by U.S. mail to the primary address in your Fastlane profile.
In order to receive electronic communications, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number, you must have the following:
A computer or mobile device with an Internet connection;
A current web browser with cookies enabled;
A valid email address associated with your Fastlane profile;
Ability to store or print the communication; and
If you use a spam blocker, you must add comms@fastlane-mail.paypal.com to your email address book or whitelist
We reserve the right to change the above system requirements and will provide you with notice of any such change.
You must ensure that the mobile phone number and/or email address associated with your Fastlane profile is valid and that you are able to receive texts at that number and email at that email address. You acknowledge that our ability to provide communications to you is contingent on the validity of the mobile phone number and email address associated with your Fastlane profile. If your mobile phone number or email address is no longer valid, we reserve the right to terminate your Fastlane profile. We reserve the right to provide you with any communication in writing, rather than electronically, to the primary address associated with your Fastlane profile.
Communications Between You and Us
By providing us with your mobile phone number and email address, you represent and warrant that you are the owner of that mobile phone number and email address. You consent to accept and receive communications from us to your email address and mobile phone number, including e-mail, text messages, calls, autodialed calls, or other messages. These communications may use autodialed or prerecorded messages and may be sent for the purposes of identifying you, verifying your Fastlane profile, informing you of updates to the Service or Service-related activity, responding to support requests, and/or for other Service-related purposes. You also consent to receive a text message to your mobile phone number with a Fastlane login code each time you initiate checkout on a Fastlane merchant site and when you login to the Fastlane profile management portal. You also consent to accept and receive communications from us about Fastlane sent to the email address you provide. We may also send you emails for the purpose of verifying your Fastlane Profile or notifying you about Service-related activity.
Depending on your current carrier plan, you may incur charges for text, calls, e-mail, or other Service-related messages you receive from us. You agree you will not hold, nor participate in any action which seeks to hold, PayPal liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of PayPal, and that PayPal is not responsible for any failure of warranty by any such third party. PayPal cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. To opt-out of receiving text messages, close your Fastlane profile and cease use of the Service. You can close your profile by logging into your profile at fastlane.paypal.com, navigating to the profile settings section, selecting the close profile option, and confirming your choice. You acknowledge that opting out of receiving communications may impact your ability to use the Service and may result in you no longer having access to the Service.
Prohibited Conduct
You must not use the Service in any manner that violates these Terms or applicable law.
Intellectual Property
The Service is protected by trademark, copyright, patent and other laws of the United States and other countries. All right, title and interest in and to the Service, including, without limitation, the Fastlane user experience, websites, any related content and technology, and all technology and content created or derived from any of the foregoing, is the exclusive property of PayPal and its licensors. We reserve all intellectual property rights, title, and interest in and to the Service. Your use of the Service is subject to these Terms, and these Terms do not grant you any rights to our intellectual property.
Feedback
If you submit feedback to us about the Service, including ideas or suggestions, you agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation to you.
Termination
We may terminate the Service at any time in our sole discretion. In addition, we may modify, limit, or terminate your access to the Service at any time in our sole discretion. You may terminate your Fastlane profile at any time through the Fastlane profile management portal. You will remain liable for all obligations related to your Fastlane profile, even after your profile or the Service has been suspended or terminated.
The following sections of these Terms will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties and Release, Release of PayPal, Limitation of Liability, Arbitration and Class Action Waiver, Governing Law, Assignment, and Miscellaneous.
Amendments
We may amend these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness. Any changes to the Terms will be accessible via the Fastlane profile management portal, and the Terms posted will indicate the last revision date. The revised Terms will take effect when posted or as otherwise expressly indicated. If you do not agree to the changes, you must stop using the Service. By continuing to use the Service after any changes to the Terms take effect, you agree to be bound by those changes.
Disclaimer of Warranties and Release
The Service is provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not have any control over the products or services provided by sellers where you can use your Fastlane profile to facilitate checkout, and we cannot ensure that the seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted, or secure access to any part of the Service, and operation of websites, software, or systems (including any networks and servers used to provide the Service) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you or will apply to you to the greatest extent the law allows.
Release of PayPal
You are responsible for any transactions you complete with information from your Fastlane profile. The merchant is responsible for provisioning the goods or services that you purchase. If you wish to make a return, receive a refund or exchange, or otherwise have an issue with a purchase, contact the merchant directly.
We are not responsible for the acts or omissions of merchants that participate in the Fastlane network or for the goods and services that they sell. You release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the acts or omissions of merchants that are part of the Fastlane network or for the goods and services that they sell. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Limitation of Liability
Our liability is limited with respect to your Fastlane profile and your use of the Service.In no event shall we be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with websites, software, systems (including any networks and servers used to provide the Service) operated by us or on our behalf, the Service, or these Terms (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, or (b) any portion of the Service; (2) delays or disruptions in (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, or (b) any portion of the Service; (3) viruses or other malicious software obtained by accessing (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, (b) any portion of the Service or (c) any website or service linked to our websites, software or any portion of the Service; (4) glitches, bugs, errors, or inaccuracies of any kind in (a) websites, software, systems (including any networks and servers used to provide any portion of the Service) operated by us or on our behalf, (b) any portion of the Service or (c) the data obtained from the foregoing; (5) the content, actions, or inactions of third parties; (6) a suspension, termination, or other action taken with respect to your Fastlane profile; or (7) your loss of access to, or inability to continue use of, the Service as a result of changes to these Terms.
ARBITRATION AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
- Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.
- Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
- Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice that must be postmarked no later than 30 days after the date you accept these Terms for the first time.
If a dispute arises between you and PayPal, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and PayPal regarding the Fastlane service may be reported to us via the Fastlane profile management portal.
Agreement to Arbitrate | |
|---|---|
Our Agreement | You and PayPal each agree that any and all disputes or claims that have arisen or may arise between you and PayPal, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration or in small claims court. You or PayPal may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. |
Notice of Disputes | Before bringing any dispute or claim, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your Fastlane profile; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form, including but not limited to: your or PayPal’s signature, the email address and phone number associated with the customer’s Fastlane profile, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party. |
Prohibition of Class and Representative Actions and Non-Individualized Relief | You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. |
Arbitration Procedures | Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate and issues that this Agreement to Arbitrate indicates that a court can resolve. |
Costs of Arbitration | Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. |
Severability | With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. |
Opt-Out Procedure | If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, 2211 North First Street, San Jose, CA 95131. |
Future Amendments to this Agreement to Arbitrate | Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against PayPal or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and PayPal. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms through the Fastlane profile management portal at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Fastlane profile within the 30-day period and you will not be bound by the amended terms. |
Support
If you need support, call 1-844-705-3555 or visit fastlane.paypal.com/help/support.
Governing law
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us.
Assignment
You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We may transfer or assign these Terms or any right or obligation under these Terms at any time.
Miscellaneous
These Terms, including any other terms and policies incorporated by reference, are the only agreement between you and us regarding the Service. These Terms do not alter in any way agreements between you and the issuer(s) or provider(s) of your financial instrument(s). These Terms do not alter any obligations you may have to a merchant from whom you have made a purchase. Nothing in these Terms shall be deemed to create a partnership, joint venture, or other agency or fiduciary duty between you and us. If a court determines that any part or provision of these Terms is unenforceable, the other parts of these Terms shall still apply. Any waiver our rights under these Terms must be in writing signed by us. If we fail to immediately exercise any right we have under these Terms, we do not waive that right.
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