Terms and Conditions of Use

Last Modified: 07/18/17

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

This site (the “Site”) and the content, functionality and services (the “Service”) are offered and hosted by ClearGage, LLC (“ClearGage,” “we,” “us,” “our”). The Service may include, but is not limited to, on-line access that enables you to access billing, payment and other account information that facilitates making online electronic payments to your Provider. As used herein, the term “Provider” means the entity, corporation, person or other third-party who has, for your convenience, requested that the Service be made available to you.

THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “AGREEMENT”) GOVERN YOUR USE OF THE SERVICE AS PROVIDED BY US AND OUR APPLICATION ADMINISTRATORS AND LICENSORS AND ACCESSED THROUGH THIS SITE.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS CONTAINED HEREIN AND IN OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. FURTHER, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACCESS THE SITE AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

CHANGES TO TERMS AND CONDITIONS OF USE

We may revise and update this Agreement from time to time in our sole discretion, with or without notice. All changes are effective immediately when we post them. Your continued use of the Service following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

SERVICE

Through the Service, you may have access to view your billing, payment and other account records and to complete electronic payments.

Through the use of the Site and the Service, you understand that you are authorizing us to process payments according to your instructions, which may include, without limitation, payments from a credit or debit card or bank or financial institution account (the “Transaction Account”) that you designate according to your instructions. It is your responsibility to establish and maintain sufficient funds in the Transaction Account and to pay any and all fees associated with the transaction including any fees charged by your Provider and/or your bank of financial institution for failed transactions. You authorize us to charge your Transaction Account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible.

If there are insufficient funds or available credit, your credit card company, financial institution, ClearGage and/or Provider may charge you a fee, interest or decline your online payment. You are solely responsible for paying any fees or interest associated therewith, and any other fees, charges, or interest levied by your credit card company, bank or financial institution with respect to any transaction processed using the Site. You are also responsible for any fees, charges or interest levied by your Provider for any payments which are not timely received by your Provider for any reason.

You understand that your Provider determines the amount that appears on your invoice, and that we do not have any authority to determine or otherwise modify the balance. You understand that any questions or disputes regarding the balance and/or the services provided by your Provider must be resolved directly with your Provider, and that we have no authority to resolve any such disputes. Any requests for refunds must be requested, approved by and processed through your Provider.

We will use our best efforts to process all your payment authorizations promptly and properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  • Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
  • You have not provided us with correct names or account information.
  • Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and we have taken reasonable precautions to avoid those circumstances.
  • Fault of internet, third-party service providers’ failure, bank, credit card, merchant processor, etc.

For this reason, it is recommended that all payment authorizations be received by us at least three (3) business days before the actual due date, not the late date. If you properly follow the procedures described herein, and we fail to process payment authorizations in a timely manner, we will bear responsibility for any late charges ($50 maximum) actually incurred by you. In any other event, including, but not limited to, sending a payment authorization less than three (3) days prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.

Authorization of payment of taxes or court-directed payment through the Service is prohibited.

COLLECTION OF INFORMATION

Please read our Privacy Statement posed at the Site to understand how we will protect your privacy and use information that you provide to us.

The security of any data you submit via this Site is very important to us. This Site uses encryption technology. The Service will be accessible through a password selected by you. We will maintain the confidentiality of your password and you must not disclose your password to any unauthorized person. If your password has been compromised in any way or you believe that some other person has access to your password, you must notify us immediately and/or change your password through the Site.

The information we collect from you through your use of the Site is collected only for the purpose of facilitating your payments to your Provider and any other Service offered by your Provider through ClearGage. We use the information you submit to identify your payment and ensure that it is properly allocated. You agree to notify us immediately upon your discovery or suspicion of unauthorized use of your account and any other breach of security.

YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE ALLOWS YOU TO REMIT PAYMENTS TO THIRD PARTIES AND THAT THE SERVICE WE PROVIDE REQUIRES THAT WE PROVIDE THE INFORMATION YOU SUBMIT TO US VIA THE SITE TO APPLICATION ADMINISTRATORS, CREDIT CARD COMPANIES AND OTHER THIRD PARTIES. THOSE THIRD PARTIES ARE RESPONSIBLE FOR THE COLLECTION AND PROTECTION OF YOUR PERSONAL DATA, NOT CLEARGAGE. YOU SHOULD REFER TO YOUR PROVIDER’S AND CREDIT CARD COMPANY AND/OR FINANCIAL INSTITUTION’S PRIVACY NOTICES IF YOU HAVE QUESTIONS ABOUT HOW YOUR DATA IS HANDLED.

RULES AND REGULATIONS REGARDING YOUR CONDUCT

You agree to use the Service only for lawful purposes in compliance with all applicable laws. You agree NOT to use the Service: (i) to fraudulently represent products or services; (ii) to send spam or other unsolicited or duplicative messages in violation of applicable laws; (iii) to facilitate or aide any of the above activities; (iv) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (v) to impersonate ClearGage, any of ClearGage’s employees, personnel, consultants, officers, shareholders, any of ClearGage’s application administrators, or licensors, any other user or any other person or entity (including, without limitation, by using the email addresses, screen name or login information associated with any of the foregoing); (vi) to engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm ClearGage, our application administrators, or licensors, or other users of the Site or expose any of the aforementioned to liability.

Additionally, you agree NOT to: (i) use the Service in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Service; (ii) use any robot, spider or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iii) use any manual process to monitory or copy any of the material on the Site or for any other unauthorized purpose; (iv) use any device, software or routine that interferes with the proper working of the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any service, computer or database connected to the Site; or (vi) otherwise attempt to interfere with the proper working of the Site, or proper provision of the Service.

You may NOT store, distribute or transmit (i) obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy or intellectual property rights; or (ii) materials containing viruses or Trojan horses or tools to compromise the security of other Web sites, tools used to collect email addresses for use in sending unsolicited bulk email, or tools used to send unsolicited bulk mail. You may not post, upload or otherwise distribute copyrighted material without the consent of the copyright holder. You agree that you will comply with all policies and other instructions that we inform you about in relation to your content or your use of the Service.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or (ii) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS CLEARGAGE AND ITS RESPECTIVE AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

UNAUTHORIZED TRANSFERS

You are responsible for your account username and password. In the event that your username and/or password is lost or stolen, it is your responsibility to notify ClearGage immediately so ClearGage can take the necessary and appropriate action. ClearGage is not and shall not be responsible for any loss, financial or otherwise, as a result of any lost or stolen account username and/or password.

In using the Service, you are requesting that payments be made to your Provider from your designated Transaction Account. If your financial institution, or the holder of the account from which you have designated payment from is unable to process a transaction (for example, there are not sufficient funds in your account to cover the transaction), the transaction may not be completed.

CHARGES

As a customer of the Service, you may be charged for receiving a bill electronically or for payment authorizations that you choose to send electronically. There may be a charge for additional transactions and other optional services. You will receive prior notice of any such charges before incurring them.

OWNERSHIP RIGHTS

The Site and its 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 us, or our licensors, and the Service are protected by United States copyright laws and international treaty provisions. You acknowledge and agree that we own all right, title, and interest in and to the Service, the technology and software available on the Service. You may download or print your billing and payment records from the Service solely for your own use. Any other copying, redistribution, retransmission to any other entity or publication of any viewable material is prohibited.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DISCLOSURE OF DATA (INCLUDING PERSONAL DATA OR INFORMATION), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

GENERAL

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of ClearGage. If any provision of this Agreement is found to be illegal or unenforceable, such provision will be deemed modified to conform to applicable laws or regulations, or if it cannot be so modified without materially altering the intent of the parties, it shall be stricken and the remainder of the Agreement shall continue in full force and effect. This Agreement and all matters related thereto shall be construed in accordance with the laws of the State of Florida, except those rules relating to conflicts of laws. Any action or proceeding arising out of or related to this Agreement shall be brought only in a court located in Hillsborough County, Florida. Each party expressly consents to the jurisdiction of such courts. No delay or failure by either party to exercise any right, power or remedy accruing upon any breach, default or noncompliance under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of such or any subsequent breach, default or noncompliance. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous agreements, communications, representations and understandings (both written and oral) regarding such subject matter. Except as expressly provided herein, this Agreement may only be modified by a written document executed by both all parties.

All feedback comments, requests for technical support and other communications relating the Service should be directed to:

ClearGage, LLC
info@cleargage.com
3810 Northdale Boulevard, Suite 210
Tampa, FL 33624
877-838-1148 (Toll Free)
813-315-6552 (Fax)
Hours: Monday – Friday 8:30 AM – 5:00 PM EST

 

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