Terms and Conditions

Terms of Use and Legal Disclosures

CAREFULLY READ AND REVIEW THE NOTICES, DISCLAIMERS, LIMITATIONS, TERMS, PROVISIONS AND CONDITIONS SET FORTH HEREIN BELOW AND IN THE WAYTHRU LLC (“WAYTHRU”) PRIVACY POLICY BEFORE USING THIS SITE OR ITS FEATURES IN WHOLE OR IN PART (THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY, ARE HEREINAFTER REFERRED TO AS “TERMS OF USE”).

USERS MAY CLICK ON THE PRIVACY POLICY LINK FROM THE WAYTHRU, LLC WEBSITE TO GO DIRECTLY TO THE PRIVACY POLICY. ANY USER (“YOU”) WHO ACCEPTS, ASSENTS AND AGREES TO BE BOUND BY THE FOLLOWING TERMS OF USE IS WELCOME TO USE THIS SITE AND ITS FEATURES, SUBJECT TO SAID TERMS OF USE, WHETHER ABOVE OR BELOW, THIS “SITE” (INCLUDING WITHOUT LIMITATION THE WORD “SITE” OR THE WORD “WEBSITE” WITH OR WITHOUT ANY CAPITALIZATION) SHALL INCLUDE THIS WEBSITE AND ALL WEBSITES OWNED OR CONTROLLED BY WAYTHRU AND SHALL INCLUDE WITHOUT LIMITATION ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION ON OR AVAILABLE THROUGH THIS WEBSITE.

ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION HEREINAFTER ALSO REFERRED TO COLLECTIVELY AS THE “SERVICES”. THIS SITE, AND ALL OF ITS FEATURES AND SERVICES, IS OFFERED AND MADE AVAILABLE TO YOU, AND YOUR USE OF THIS SITE AND ITS FEATURES IN WHOLE OR IN PART, IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THIS TERM OF USE AND THE PRIVACY POLICY, WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION.

The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at www.waythru.com (this “website”). You have been directed to our website by a merchant with whom you conduct business and who contracts with us to provide payment processing services to you (the “Services”). By accessing, viewing, or using the content, material, or Services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.

These Terms and Conditions may be changed at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was implemented.

This website has been prepared solely for the purpose of providing information about WayThru and the products and services offered by WayThru and its operating subsidiaries and affiliates. Without limiting the generality of anything else, WayThru makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and its shall not be responsible for any errors or omissions in the website. WayThru reserves the right to add, modify or delete any information on this website at any time, with or without notice.

The website is offered and available to users who are 13 years of age or older. By using the services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Access to Site:

WayThru reserves the right, in its sole and absolute unilateral discretion, to terminate, suspend or restrict your access to this website, without notice, in the event you violate any of these Terms of Use. WayThru also reserves any and all remedies at law or in equity in connection with any violation of the website Terms of Use.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation. Additionally, you agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the website is stored, or any server, computer, or database connected to the website.

WayThru is a payment facilitator that allows WayThru’s clients to accept online payments from you. You acknowledge that WayThru is not a debt collector under the Fair Debt Collection Practices Act.

Copyright and Other Proprietary Information:

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the WayThru, its licensors, or other providers of such material. These assets are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission WayThru is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to WayThru or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

WayThru welcomes your feedback and suggestions about how to improve our products, information, and services and this website. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to WayThru, you automatically grant WayThru the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, WayThru is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.

Consent to Monitoring and Disclosure:

WayThru is under no obligation and does not assume any obligation to monitor the information included in, transmitted to or made accessible via this website. However, you agree that WayThru may monitor this website in further effort to protect the user and information of the website and to comply with all applicable federal, state and/or local laws, rules and regulations. All information provided by WayThru  in connection with the website that must be disclosed to any other person or entity to complete your requested transaction will not be considered confidential for such limited purposes, subject to the terms outlined in the Privacy Policy. WayThru shall be free to use, disclose and distribute such information to identified third parties without limitation in accordance with the law and as forth in the Privacy Policy.

SMS Messaging Policy

By providing us with your mobile number and opting-in, you give WayThru Innovations, LLC, permission to send you account-related text messages, including, by way of example only, payment reminders and notifications, in conjunction with the services we provide or the services you have requested.

  • Number of messages will vary by account.
  • By providing us with your mobile number and opting-in, you agree you have ownership rights or permission to use the number given to us.
  • Message and data rates may apply.
  • To opt-out, text STOP to 75614 or text STOP to any text message we send you. An opt-out confirmation message will be sent back to you.  
  • To request support, text HELP to 75614 or email us at customerservice@waythru.com.
  • If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
  • Wireless carriers are not liable for undelivered or delayed messages.

For any privacy related questions, please see our Privacy Policy.  In addition, our website Terms and Conditions are hereby incorporated by reference. 

Linking to the Website

You may link to the website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Forward-looking Statements Disclosure:

Certain statements in documents that appear in or are obtained through this website, including, without limitation, statements as to any WayThru’s objective to grow through strategic acquisitions and internal growth, the ability to realize operating efficiencies in the integration of its acquisitions or as to management’s beliefs, expectations and opinions, are forward-looking statements that involve risks and uncertainties and are subject to change at any time. Certain factors, including without limitation, risks associated with growth and future acquisitions, fluctuations in quarterly operating results, and other risks detailed from time to time can cause actual results and developments to be materially different from those expressed or implied by such forward-looking statements.

ACH Disclosure:

When you provide a check as payment, you authorize WayThru, either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When WayThru, uses information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.

Disclaimer of Limited Liability

This website, the website materials on and in and made available through this website, and the services, information, and products offered by WayThru, and its operating subsidiaries and affiliates (the “WayThru Companies”) in connection therewith are made available “as is” and “with all faults.” Use of this website is entirely at your own risk.

WayThru makes no representations or warranties, and disclaim all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchant ability  fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.

WayThru shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of the WayThru to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website.

NO INFORMATION PROVIDED BY WAYTHRU AND/OR ITS EMPLOYEES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY. WAYTHRU  DOES NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE, LINKED WEBSITES, OR AS OTHERWISE ACCESSIBLE HEREIN WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS OR ANY OTHER WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WAYTHRU IS NOT LIABILE IN THE EVENT A PAYMENT TRANSACTION IS NOT COMPLETED FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE IMPROPER OR INCOMPLETE INFORMATION, INSUFFICIENT FUNDS OR CREDIT, THE FAILURE OF SYSTEMIC PROCESSES OF THIS WEBSITE OR YOUR FINANCIAL PROVIDERS. WAYTHRU RESERVES THE RIGHT TO SUSPEND OR TERMINATE ANY TRANSACTION THAT WAYTHRU DEEMS INVALID, UNAUTHORIZED, FRAUDULENT OR OTHERWISE.

Disclaimers Regarding Other Servers and Web Sites:

Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of WayThru Accordingly, WayThru can make no representation concerning the content of these sites to you, nor can the fact that WayThru has given you this listing serve as an endorsement by WayThru of any of these sites. WayThru is providing links to these sites as a convenience to you. WayThru has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and WayThru cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. WayThru is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.

Disruption of Service:

Access to this website may from time to time be or become unavailable, delayed or otherwise limit adequate usability due to hardware failure, telecommunication line failure or interruption, network or server failures, viruses, errors, incompatibility of systems or other such things that may be a result of the end users equipment, connections or other causes outside of the control of WayThru  In the event an interruption of service or other failure causes irreparable harm to the end user WayThru shall not be held accountable for any damage, inaccuracy, adequacy, incompletion of information or materials submitted through your use of this website.

Consent to Further Use of Information You Provide on this Website:

You hereby expressly consent to and further knowingly provide any and all information, personal or as otherwise required to complete your payment transactions herein or voluntarily upon my own volition to WayThru  and further authorize WayThru  to utilize the information that you provide herein to contact you directly or through an automated dialing system or prerecorded messaging system, including but not limited to, your electronic mail address, residence address, cellular or landline telephone or facsimile numbers, SMS messaging, text messaging, or other means of electronic, virtual or traditional means of communication, in an effort to recover any unpaid portion of any obligation that you now owe or incur in the future that is or may be placed with WayThru for collection services, default prevention, counseling or other related services.

Passwords:

In order to access certain websites and services, you may be required to enter a user name and password on the website. You shall hold your user name and password in strict confidence. In the event you determine that the confidentiality of your password or user name has been breached, you shall immediately notify WayThru of such occurrence. In such event, WayThru will issue you a new user name and password to prevent further misuse.

Indemnification:

You agree to protect, defend, indemnify and hold harmless WayThru and its and their respective officers, directors, employees and agents harmless from and against any and all claims, actions, proceedings, judgments, expenses, damages and liabilities (including, without limitation, attorneys’ fees and court costs) which may result, directly or indirectly, from any breach of these Terms of Use.

Governing Law and Jurisdiction; General Terms:

These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and WayThru with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of South Carolina without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.

By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in South Carolina and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by WayThru from its office within the United States. Without limiting anything else, WayThru makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws.

Waiver and Severability

You agree that WayThru does not waive any right by not exercising or enforcing any legal right or remedy which is contained in these Terms of Use or under applicable law. Said failure to exercise any right will not be taken to be a formal waiver of WayThru’s rights. If any provision of these Terms of Use conflicts with the law under which the Terms of Use is to be construed, or if any such provision is held invalid by a competent authority, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remainder of these Terms of Use shall remain in full force and effect. Any provision of the Terms of Use that contemplates performance or observance subsequent to termination or expiration of the Terms of Use shall survive termination or expiration of the Terms of Use and continue in full force and effect.

 Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and WayThru with respect to the website or Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website or services.

Revision Date: January 23, 2024