XPRESS BILL PAY TERMS OF USE

At Xpress Solutions, Inc., DBA Xpress Bill Pay (“Xpress Bill Pay”), we have revised the Terms of Use for our current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Xpress Bill Pay, including without limitation, xpressbillpay.com and/or for which Xpress Bill Pay currently or in the future provides services and/or technology (the “Site” or “Sites”). Please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any of the Sites, including without limitation, when you view, post, or access content or videos on any of the Sites. If you do not agree to these Terms of Use you should not access or use the Sites. Your breach of any obligations under these Terms of Use may result in immediate suspension or termination of your access to the Site.

1.

General Rules.

1.1.Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on our Sites in relation to a specific service or feature (collectively, “Terms of Use”) and the Xpress Bill Pay Privacy Policy, set forth the terms and conditions that apply to your use of www.xpressbillpay.com and its related Sites. Xpress Bill Pay may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, Xpress Bill Pay shall have the right to immediately terminate Your Account in the event of any conduct by you that Xpress Bill Pay, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The material provisions of these Terms of Use shall survive termination of these Terms of Use.
1.2.Changes to Terms of Use. Xpress Bill Pay may modify the Terms of Use, or any part thereof, or add, change, or remove terms at any time, and such additions, changes, deletions, or other modifications are effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such additions, changes, deletions, or other modifications.
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.

2.

Xpress Bill Pay Content; Trademarks; Copyrights; Other Intellectual Property.

2.1.Property of Xpress Bill Pay. Except as explicitly provided in these Terms of Use, nothing herein shall be construed as granting or conferring on you any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory), rule or regulation, including, without limitation, those related to copyright or other intellectual property rights. You acknowledge and agree that title, ownership and all rights (including intellectual property rights) in and to the content of, and materials published on, the Sites are and shall remain the property of Xpress Bill Pay (or such other third party that may have granted Xpress Bill Pay rights in such content).
2.2.Xpress Bill Pay and Xpress Solutions, Inc. is a registered trademark of Xpress Solutions, Inc. All of Xpress Bill Pay’s trademarks, service marks, and trade names, and the goodwill associated therewith shall remain the sole and exclusive property of Xpress Bill Pay and, except as otherwise explicitly provided in these Terms of Use, may not be used by you without the express prior written consent of Xpress Bill Pay.
2.3.All content published, provided, and distributed by Xpress Bill Pay are protected by copyright pursuant to U.S. and international copyright laws. Except as explicitly provided in these Terms of Use or with the express prior written consent of Xpress Bill Pay (which may be granted or withheld in Xpress Bill Pay’s sole and absolute discretion), you may not modify, publish, republish, transmit, retransmit, reproduce, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit or otherwise use, any of the content of the Sites, including any images contained in the content of the Sites, including but not limited to downloading or using content as stand-alone files, software or other computer-readable or computer-executable code, in whole or in part (collectively, the “Use Restrictions”). To the extent any action or use constituting a violation of the Use Restrictions is otherwise explicitly permitted or authorized pursuant to these Terms of Use, such authorization is not intended to and shall not vest in you any ownership interests or other rights of any kind beyond those expressly granted herein. Unauthorized use of the Site, including usage of the Site in violation of the Use Restrictions, shall be a material breach of these Terms of Use and may subject you to legal action. You agree to abide by any and all additional copyright notices or restrictions contained in any content accessed via the Site.
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.

3.

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.

4.

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.
4.2.Privacy. Xpress Bill Pay is committed to protecting your privacy and will use the information you provide in accordance with the Xpress Bill Pay Privacy Policy. Xpress Bill Pay uses the information it collects about clients to enhance the quality of the services that it provides. Technologies are rapidly changing as are the services that Xpress Bill Pay offers. Therefore, these policies are subject to change. By using the Site, you consent to the collection and use of this information by Xpress Bill Pay. Sometimes, Xpress Bill Pay may request that you verify the information collected, either by sending you an e-mail to check an online database or by mail, facsimile or telephone. Xpress Bill Pay does not sell, trade, or rent its subscribers’ personal information to others. Xpress Bill Pay may provide aggregate statistics about its customers, sales, traffic patterns, and related site information to others, but these statistics will include no personally identifying information. Notwithstanding the foregoing, Xpress Bill Pay may release account information when it believes, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any user agreements or (iii) protect the rights, property or safety of Xpress Bill Pay, its users, or others.
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.
4.6.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:

  • If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

  • If, through no fault of the Service, your Payment Account does not include valid information to complete the transaction, such as invalid account numbers, invalid expiration date, etc.

  • The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction.

  • If, through no fault of the Service, a Payee that makes available to you split-payment functionality (in which your payment may be split and allocated in various ways that such Payee may offer) does not split and/or allocate the payment in accordance with your Payment Instruction;

  • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  • Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions.
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.

5.

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.
5.2.YOU AGREE THAT THE USE OF AND ACCESS TO THE SITE IS STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND XPRESS BILL PAY SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE OPERATION OF THE SITE, THE CONTENT OR INFORMATION CONTAINED THEREIN, OR THE SITE. NO WARRANTY OF ANY KIND IS IMPLIED REGARDING REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY XPRESS BILL PAY OR USE OF THE SITE BY YOU. XPRESS BILL PAY MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PUBLISHED BY IT IS CORRECT; HOWEVER, XPRESS BILL PAY DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SITE. YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SITE. YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION YOU INTEND TO RELY UPON, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN ATTORNEY IN DOING SO. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY AND IN NO EVENT SHALL XPRESS BILL PAY AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS (“THE XPRESS BILL PAY PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR ACCESS OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, OR OTHER PECUNIARY LOSS (COLLECTIVELY, “THE DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LAW AND/OR LIABILITY, EVEN IF ANY OF THE XPRESS BILL PAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE XPRESS BILL PAY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
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.
5.4.Indemnification. You agree to indemnify, defend, and hold harmless Xpress Bill Pay and its subsidiaries, parent companies, officers, directors, employees, affiliates, agents, representatives, licensors and suppliers from and against all claims, actions, proceedings, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising or resulting from use of the Site by you or Your Account, which includes but is not limited to: (i) the use of or reliance on any information, material, or content of the Site by you or any third party to whom You have provided such information, material, or content, regardless of whether or not such information, material or content contained any errors or omissions and whether or not Xpress Bill Pay was aware or should have been aware of any such errors or omissions; (ii) Your violation or breach of these Terms of Use; (iii) Your negligent acts or omissions or willful misconduct; or (iv) any allegation that Your use of or access to the Site infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary and/or intellectual property rights of any third party. Your duty to indemnify, defend and hold harmless Xpress Bill Pay under these Terms of Use shall survive the termination, cancellation, or expiration of your use of the Site. Xpress Bill Pay reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Xpress Bill Pay with such cooperation as is reasonably requested by Xpress Bill Pay.

6.

Miscellaneous.

6.1.Governing Law and Venue. These Terms of Use shall be governed by and shall be construed in accordance with the laws of the State of Utah, without regard to its conflicts of law principles. Any action or proceeding between you and Xpress Bill Pay relating to or arising out of these Terms of Use or your use of the Site shall be commenced and maintained exclusively in the state or federal courts in the State of Utah, and you hereby consents to the exclusive jurisdiction and venue of any state or federal court in the State of Utah.
6.2.No Third Party Beneficiaries. These Terms of Use shall be binding upon and inure solely to the benefit of the Parties and their respective permitted successors or assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
6.3.Assignment. Xpress Bill Pay may assign these Terms of Use for any reason, in whole or in part, without your consent, including without limitation as a result of an event of a reorganization, merger, consolidation or sale of all or substantially all of its assets or stock. You may not assign these Terms of Use without Xpress Bill Pay’s prior written consent. Any assignment in violation of this section is null and void, ab initio.
6.4.Severability. If any provision of these Terms of Use is declared void or unenforceable by any court of competent jurisdiction in a final, non-appealable order or judgment, then all remaining provisions of these Terms of Use shall remain in full force and effect unless otherwise agreed to in writing by the Parties.
6.5.Waiver; Remedies Cumulative. The rights and remedies of the Parties are cumulative and not alternative. Neither any failure nor any delay by Xpress Bill Pay in exercising any right, power, or privilege under these Terms of Use or any of the documents referred to in these Terms of Use will operate as a waiver of such right, power, or privilege or any future exercise thereof, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power or privilege, or the exercise (or future exercise) of any other right, power, or privilege.
6.6.Headings. Headings or titles to sections or subsections in these Terms of Use are for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Use or any part hereof.
6.7.Compliance with Laws. You shall ensure that any activities undertaken by you, or any person authorized by you, pursuant to these Terms of Use and any use of or access to the Services shall comply with all laws, rules, and regulations of the United States and other applicable jurisdictions, as such may be amended and in effect from time to time. Without limiting the foregoing, you recognize the global nature of the Internet, and further agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you may reside or access the Site.
6.8.Consent to Communication. You agree that Xpress Bill Pay reserves the right to send electronic or paper mail to you for the purpose of informing you of changes or additions to the Site or the Terms of Use. You further agree that from time to time Xpress Bill Pay may contact you via electronic or paper mail for the purpose of soliciting feedback or participation in user surveys relating to the Site. Any information obtained from you will not be shared with any third parties except in aggregate form, in which case you will not be identified in any manner as a respondent. You shall have no obligation to participate in or respond to any such survey.
6.9.Entire Agreement. These Terms of Use and all other documents or agreements referenced herein, including without limitation the Xpress Bill Pay Privacy Policy, constitute the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings of the Parties, whether written or oral. There are no representations, promises, warranties, covenants, or undertakings other than those contained in these Terms of Use and the Xpress Bill Pay Privacy Policy.

These Terms of Use were last updated January 25, 2016.
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