Paycentric Website Conditions of Use
- Acknowledgement and Acceptance of these Paycentric Website Conditions of Use. Elavon, Inc. or its affiliates (“Elavon”) is making the Paycentric online bill pay system (the“Payment System”) available to you subject to the terms and conditions set forth in these Paycentric Website Conditions of Use (“Terms of Use”) and any other terms or agreements that you may have with Elavon.
- Modifications to these Terms of Use. Elavon shall have the right at any time to change or modify the terms and conditions applicable to your use of the Payment System, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Payment System, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Payment System by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
- Modifications to the Payment System. Elavon reserves the right to modify or discontinue the Payment System with or without notice to you. Elavon shall not be liable to you or any third party should Elavon exercise its right to modify or discontinue the Payment System. Elavon does not warrant or guarantee that the Payment System is complete, accurate or current.
- Your Use of the Payment System. Elavon is providing you with a capability to send and receive electronic data via the internet and the Payment System. You must: (1) provide all equipment compatible with the Payment System that is necessary to establish a connection to the internet; (2) provide for your own access to the internet and pay any telephone service fees or data charges associated with such access to the internet or Payment System; and (3) use virus-checking software on all your equipment used to access the Payment System. You are granted a limited license to use the Payment System only for the purpose of obtaining information about or paying your bills and for using the other features of the Payment System. In no event are you permitted to use or introduce any automated program or device such as a robot, spider or scraper for any reason, including, without limitation, for the purposes of obtaining information regarding a bill, paying a bill, or copying the Payment System or any information contained within the Payment System.
- Your Account, Password, and Security When Elavon authorizes you to use the Payment System, you shall receive a user identification and a password. You are entirely responsible if youdo not maintain the confidentiality of your user identification and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Elavon of any unauthorized use of your account or any other breach of security that you become aware of.
- External Links. The Payment System may contain links to other websites. Elavon is not responsible for the availability of these external websites and inclusion of any link does not imply endorsement by Elavon of the website. Under no circumstances shall Elavon be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any such external website. Any concerns regarding any external link should be directed to the respective website, rather than to Elavon.
- Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAYMENT SYSTEM IS AT YOUR SOLE RISK. THE PAYMENT SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELAVON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability. ELAVON DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, COMPUTERS USED TO ACCESS THE PAYMENT SYSTEM. ELAVON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PAYMENT SYSTEM OR RESULTING FROM UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, OR OTHER INTANGIBLES, EVEN IF ELAVON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- No Resale or Commercial Use of the Payment System. Your right to use the Payment System is exclusive to you. You may only act for yourself individually or for a business entity that has authorized you to act on its behalf. You agree not to resell or make any commercial use of the Payment System.
- Other Limitations. You agree: (1) not to use the Payment System for illegal purposes; (2) not to interfere or disrupt networks connected to the Payment System; (3) to comply with all regulations, policies and procedures of networks connected to the Payment System; (4) not to attempt to gain unauthorized access to other computer systems; and (5) not to interfere with another authorized person’s use and enjoyment of the Payment System.
- Indemnification. You (any/or any business entity that has authorized you to act on its behalf) are responsible for all consequences arising from your use of the Payment System and agree to indemnify and hold Elavon, its parents, subsidiaries, affiliates, officers and employeesharmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any use of the Payment System in violation of these Terms of Use or infringement of any intellectual property rights or other rights of any person or entity by you or any other person accessing the Payment System using your equipment or your user identification and password.
- Termination. Either you or Elavon may terminate your access to the Payment System with or without cause at any time and effective immediately. Elavon shall not be liable to you or any third party for termination of the Payment System. Should you object to any terms and conditions of the Terms of Use or any subsequent modifications thereto or become dissatisfied with the Payment System in any way, subject to the terms of any other agreements between you and Elavon, your only recourse is to immediately: (1) discontinue use of the Payment System; (2) terminate your account or relationship with the Payment System; and (3) notify Elavon of such termination. Upon termination of your access to the Payment System, your right to use the Payment System immediately ceases. You shall have no rights and Elavon will have no obligations thereafter.
- Notices. All notices to Elavon by you shall be in writing and shall be made either via express or conventional mail at the following address:
- Proprietary Rights to Payment System Content. You acknowledge that the Payment System content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in information presented to you by the Payment System (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Content is either the property of, or used with permission by, Elavon, and youare only permitted to use this Content as expressly authorized by the Terms of Use. Any unauthorized use by you of such Content may subject you to civil and criminal penalties. You may not: (1) copy, reproduce, distribute, disclose or create derivative works from this Content without expressly being authorized to do so by Elavon; or (ii) remove, obscure or otherwise modify proprietary notices appearing on the Payment System, including copyright, trademark and other intellectual property notices. Elavon may distribute content supplied by third parties on the Payment System. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other users of the Payment System, are those of the respective author(s) or distributor(s) and not of Elavon
- Governing Laws and Venue. These Terms of Use shall be governed by the laws of the state of Georgia, without regard for its conflicts of law provisions. The state and federal courts of Fulton County, Georgia shall have exclusive venue and jurisdiction over any claim of action filedin relation to these Terms of Use or the Payment System. EACH PARTY AGREES TO WAIVE ITS RIGHT TO A JURY TRIAL IN ANY SUCH ACTION OR PROCEEDING. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Elavon’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by Elavon in writing. You agree that you will commence any action arising out of or related to these Terms of Use or your use of the Payment System or any other Elavon network within one (1) year after the date that the cause of action arose; otherwise, such action is permanently barred.
- Headings. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
BY LOGGING ONTO THE PAYMENT SYSTEM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THE PAYMENT SYSTEM.
In consideration for access to the Payment System, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so by the Payment System; (2) maintain and update this information as required to keep it current, complete and accurate; and (3) pay all applicable fees. All information requested on original sign up shall be referred to as “Registration Data”. You grant Elavon the right to disclose to third parties certain Registration Data about yourself in the aggregate; however, such disclosures will exclude your name, mailing address, e-mail address, account and phone number, unless: (1) you expressly direct Elavon, or any other person you may specifically designate, to disclose such information or (2) Elavon is required to disclose such information by any applicable law or legal process served on Elavon.
If any information provided by you is inaccurate, Elavon retains the right to terminate your rights to use the Payment System without notice.
ELAVON MAKES NO WARRANTY THAT THE PAYMENT SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE PAYMENT SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ELAVON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAYMENT SYSTEM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PAYMENT SYSTEM OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH THE USE OF THE PAYMENT SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESS TO THE PAYMENT SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELAVON REGARDING THE PAYMENT SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Attn: Internet Support Group
7300 Chapman Highway
Knoxville, TN 37920
Date: 06-18-2019