|1.3.||Changes to Site. Xpress Bill Pay may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.|
|1.4.||Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.|
Xpress Bill Pay Content; Trademarks; Copyrights; Other Intellectual Property.
|2.4.||Digital Millennium Copyright Act Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by Xpress Bill Pay infringe your copyright, you (or your authorized representative) may send Xpress Bill Pay a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Xpress Bill Pay to locate the material on the site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with Xpress Bill Pay against you, the DMCA permits you to send Xpress Bill Pay a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to Xpress Bill Pay, Inc., Attn: Legal Department and the owner of the Web site through which you may have requested the Company’s services (the “Client”). Xpress Bill Pay suggests that users consult their legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is Xpress Bill Pay’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.|
Third Party Sites.
|3.1.||Certain aspects of, or links contained on, the Site may link to websites, social media, or services operated by parties other than, and unaffiliated with, Xpress Bill Pay. Such links are provided for convenience only. Xpress Bill Pay does not control such third-party websites or social media and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites or social media. Xpress Bill Pay’s inclusion of links to such third-party websites and/or social media does not amount to or imply any endorsement or warranty of the material on such sites or media or any association with their owners or operators. You agree that Xpress Bill Pay is not responsible for any such third-party websites or social media and services or any content thereon and agree to hold Xpress Bill Pay harmless from any and all claims or liability arising from your use of such third-party websites, social media, or services. Any concerns or questions related to third-party websites or social media should be directed to the webmaster or other appropriate contact person for such third party.|
Accounts, Security, and Privacy.
|4.1.||Registering Accounts. You may be given the opportunity to register online to create a user account (“Your Account”) that may allow you to receive information from Xpress Bill Pay and/or to participate in certain features on our Site. As part of creating Your Account, you will be required to provide Xpress Bill Pay with certain registration information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name, business address, business phone number, facsimile number, e-mail address, etc.|
|4.3.||Password and Security. You hereby agree to maintain as confidential and not disclose any username or password to any person. Xpress Bill Pay may change your password at any time, provided that Xpress Bill Pay shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change.|
|4.4.||You agree and acknowledge that under certain circumstances, Xpress Bill Pay may store your IP address(es) or other information transmitted by your computer(s) or network as are reasonably necessary for Xpress Bill Pay to identify you and provide access to the Site.|
|4.5.||Account Usage. You assume full and total responsibility for all usage or activity on Your Account, including use of Your Account by any third party, whether or not authorized by you, and agree to indemnify and hold Xpress Bill Pay harmless from any claims arising from or as a result of such usage. You shall immediately notify Xpress Bill Pay of any known or suspected unauthorized use of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Account information and agree to fully cooperate with Xpress Bill Pay in good faith and as reasonably required to remedy such security breach.|
Payment Authorization and Payment Remittance. By providing the Service with account information of the Payee to which you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives. For Bill Payments only, if you choose to utilize a Payment Account that is a credit card account, you understand and acknowledge that the Service does not perform any identity verification on such credit card accounts. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You certify that any Payment Account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Service will debit/charge a Payment Account that you are legally authorized to use. You also authorize the Service to credit your Payment Account for payments returned to the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
|4.7.||Payment Methods. The Service reserves the right to select the method in which to remit funds on your behalf to your Payee.|
|4.8.||Payment Cancellation Requests. For Bill Payments only, if a Scheduled Payment is one you scheduled using a Payment Account that is a checking account, you may cancel or edit such Scheduled Payment by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing any Bill Payment, it cannot be cancelled or edited.|
|4.9.||Stop Payment Requests. The Service cannot assist with a stop payment request for any Bill Payment scheduled using a Payment Account that is a credit card account; in such case, you must contact your credit card company directly. The following applies only to Bill Payments scheduled using a Payment Account that is a checking account: The Service's ability to process a stop payment request will depend on the Bill Payment method and whether or not a Bill Payment has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a Bill Payment has been processed. If you desire to stop any Bill Payment that has already been processed, you must contact customer service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.|
Representations and Warranties; Disclaimer of Warranty.
|5.1.||YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER XPRESS BILL PAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.|
|5.3.||Unauthorized Access. Xpress Bill Pay disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Xpress Bill Pay’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.|