END USER AGREEMENT
Notice to User: This End User Agreement (this "Agreement") contains the terms and conditions that govern your use of the CorrectPay Services (as defined below) and is an agreement between us and you. By either creating an account, signing in to your account, clicking "Accept," or using the CorrectPay Services, you represent to us that you are lawfully able to enter into this Agreement and you will be considered to have accepted and agreed to its terms. We may modify this agreement in our discretion and without advance notice to you. You agree to be bound by the modified agreement and you are responsible for reviewing the most current version of the agreement before you continue to use the CorrectPay Services. This Agreement takes effect on the earlier of the date you click to "Accept" or the date you first use any of the CorrectPay Services (the "Effective Date").
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
If you do not wish to accept the terms of this Agreement, please do not click to "Accept" them and do not use the CorrectPay Services.
SECTION A – CORRECTPAY SERVICES
1. Privacy Statement. The Privacy Statement explaining the collection and use of your information through your interaction with the CorrectPay Services can be found at https:/tylertech.com/privacy. We may update the Privacy Statement in our discretion and without advance notice to you. You are responsible for reviewing the most current version of the applicable Privacy Statement to the extent you would like information on its terms.
2. Rights Granted.
- 2.1 You are allowed to use and access the limited feature set of the CorrectPay Services made available to you through us, this may include sending a payment for trust, commissary, phone services, video visitation, messaging and/or other services as selected by you. The CorrectPay Services, other services, workflow processes, user interface, designs, and other technologies provided by us pursuant to this Agreement are exclusively owned by us, and all associated intellectual property rights remain only with us. You may not remove or modify any proprietary marking or restrictive legends from items or services provided under this Agreement. We reserve all rights unless otherwise expressly granted in this Agreement.
- 2.2 When you send money to a recipient at a facility using the CorrectPay Services, you are responsible for the accuracy of the recipient’s information and the accuracy of the amount of money you wish to send. You understand that once the payment is initiated by you, we are not liable for any payments made to the incorrect recipient, or for the incorrect amount when directed by you.
3 Identity Verification, Payment Information, and Restrictions.
- 3.1 When you make a payment to a recipient, you agree we have the right to verify and validate your identity before processing your payment. This may include asking you for other information we consider necessary to confirm your identity. You authorize us directly or through our third parties to obtain information about you from third parties when performing this identity qualification, and other reviews. You agree to provide true, accurate, and complete information as of the date it is provided, and this information may include copies of your drivers license or other identifying documents.
- 3.2 We reserve the right to review, approve, delay, and/or deny any payment initiated by you. Additionally, we may reject your payment if you are not approved by the facility to make payments. If we reject your payment, we will attempt to return the funds to you at the address you provided with your payment.
- 3.3 We may reject your payment if we do not receive appropriate authorization from the applicable Card Networks. This may also result in a hold placed on your credit or debit card, which can only be removed by the Card Networks.
- 3.4 You may not use the CorrectPay Services in any manner that constitutes excessive or abusive usage, to conduct illegal activity, threaten the security, integrity, stability, or availability of the CorrectPay Services, or in any way that is in violation of this Agreement, applicable law, regulation, or Association Rules. For any suspected or actual violation, you agree that we may suspend or terminate your access. When required by applicable law, we will report your activity to the appropriate federal, state, or local authorities.
- 3.5 If your account remains dormant (i.e. no logins or payments are made from your account) for an extended period of time, if you have provided inaccurate, untruthful, or incomplete information, or if you have provided an expired or invalid form of payment or identification, we reserve the right to suspend, limit, or deactivate your account.
- 3.6 You may not provide, store, or transmit any payment or information: (i) that is unlawful, libelous, defamatory, tortious, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objection; (ii) that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or (iii) that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- 3.7 You may not: (a) make the CorrectPay Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the CorrectPay Services; (c) access or use the CorrectPay Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the CorrectPay Services or documentation available to any third party; (e) interfere with or disrupt the integrity or performance of the CorrectPay Services (including without limitation, vulnerability scanning, penetration testing or other manual or automated simulations of adversarial actions, without Socrata's prior written consent); or (f) attempt to gain unauthorized access to the CorrectPay Services or its related systems or networks.
- 3.8 You (i) must keep your passwords to the CorectPay Services secure and confidential; (ii) are solely responsible all activity occurring under your account; (iii) must use commercially reasonable efforts to prevent unauthorized access to your account and notify us promptly of any unauthorized access; (iv) may use the CorretPay Services only in accordance with this Agreement; and (v) shall comply with all federal, state and local laws, regulations and policies, as to your use of the CorrectPay Services, payment information, and instructions to or from us regarding the same.
SECTION B – FEES
- 4.1 Other than when sending money through a cashier's check or money order, where there is no fee due to us to process your payment, you agree to pay us the associated processing and/or deposit fees displayed in your checkout cart, for using the CorrectPay Services before the payment is made on your behalf. You will be charged these fees at the rates in effect at the time you make the payment, and these fees are in addition to the amount you wish to send to the recipient, and these fees are also in addition to any fees charged by or assessed by the Card Networks such as cash advance fees. All fees applied are non-refundable. By initiating a transaction, you agree that NIC Services, LLC is providing the money transmission service and will process your transaction, and you agree to pay the full amount charged to your card. You also understand and agree that the funds you are placing on the account will be used by the recipient to purchase goods and/or services at their discretion.
- 4.2 In the event that your transaction is reported as suspicious or unauthorized and results in a chargeback, or return, then your account and the recipient's account may be blocked from sending or receiving future deposits and you may also be charged a fee.
- 4.3 You agree that we are not responsible for any non-sufficient funds charges, chargeback fees or other similar charges that might be imposed on you by your bank, credit card issuer or other provider.
SECTION C – MONEY ORDERS AND CASHIER'S CHECKS
- 5.1 If the lockbox payment method is available, and you have been added to the Approved Visitors List, then any payment you submit that includes a Money Orders and/or Cashier's Check must also include a fully completed Deposit Form and a copy of a valid identification (driver's license, state identification, or passport).
- 5.2 For payments made via Cashier's Check or Money Order that are greater than $400, processing may take longer than ten (10) days and we are not responsible for any delay caused by the processes or policy put in effect by the facility.
- 5.3 There may be limitations on the amounts for both Money Orders and Cashier's Checks which will be set by the facilities.
- 5.4 Money Order and Cashier's Checks may be made payable to "NIC Services, LLC ."
- 5.5 In the event that you initiate a stop payment, you will be responsible for reimbursing us for any bank fees or insufficient fund charges incurred by us as a result of the stop payment.
- 5.6 We are not responsible for money orders or cashier's checks lost in the mail or otherwise lost in transit, or for money orders or cashier's checks which did not reach the intended recipient for reasons beyond our control. If we receive a money order or cashier's check and there is a problem with the deposit form, either because we cannot read it or due to other restrictions imposed by the facility, we will return the funds back to the address provided on the deposit form. Any other materials sent with the deposit form will be discarded.
SECTION D – ESCHEATMENT LAWS If we are unable to transfer your money order or cashier's check payment to the facility, we will attempt to issue you a refund or return the money order or cashier's check you sent to us by mailing it back to the address you included on your deposit form. If we are unable to contact you, and you do not claim this payment within the applicable statutory time, then we will comply with the applicable unclaimed property and/or escheatment laws and regulations. Consistent with applicable laws, we reserve the right to assess monthly services fees against the unclaimed property until such time as the funds are required to be escheated to the state. SECTION E – LIMITATION OF LIABILITY
- 1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIA L, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED $100. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY.
- 2. DISCLAIMER. THE CORRECTPAY SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TAKE REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE CORRECTPAY SERVICES, WE DO NOT GUARANTEE THAT THE CORRECTPAY SERVICES CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE CORRECTPAY SERVICES MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. WE FURTHER DISCLAIM ALL LIABILITY FOR ANY ACTIONS RESULTING FROM USERS' USE OF THE CORRECTPAY SERVICES
SECTION F – GENERAL TERMS AND CONDITIONS
- 1. Disputes. If you have any claim or controversy arising out of or relating to this End User Agreement, or any breach thereof, please contact us at (855) 836-3364 or at the address on www.correctpay.com, and we will attempt in good faith to resolve the claim, or we can agree to engage in mediation. Each part agrees to pay for its own expenses in engaging in mediation. Any claim, dispute, or controversy that cannot be resolved through mediation within thirty (30) days will be settled by arbitration as set forth below.
- a. Arbitration. Except for claims or controversies for which we may pursue injunctive relief, any claim, dispute, or controversy arising out of or relating to the CorrectPay Services, this End User Agreement, or the breach, termination, enforcement, interpretation, or validity of this End User Agreement, will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by AAA's applicable rules. The arbitrator’s decision shall be controlled by this End User Agreement and any other agreements referenced herein. Unless we each agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
- b. Limitation on Time to File. YOU AGREE THAT IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- e. Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.
- f. Injunctive Relief. Notwithstanding anything to the contrary, we retain the right to seek injunctive relief if you use the CorrectPay Services in violation of the access rights or the restrictions on use, infringe upon or misappropriate our intellectual property rights, or breach your obligation to maintain the confidentiality of our confidential or proprietary information made available to you through the CorrectPay Services.
- 2. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
- 3. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement.
- 4. Entire Agreement; Severability. This Agreement constitutes the entire agreement between you and us. No representation, promise, or inducement not included in this agreement is binding. No modification or waiver of any term of this Agreement is effective unless each party signs it. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
- 5. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
- 6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States or the laws of the State of Texas, without regard to its rules on conflicts of law.
- 7. Questions. For any questions or complaints regarding the money transmission service which has been provided by NIC Services, LLC (NIC Payment Solutions in Hawaii, New Jersey & Wisconsin) dba Tyler Payments Services, an afﬁliate of VendEngine, Inc., call (888) 853-0663 or visit tylertech.com/cpi. For more information regarding money transmitter licensing and consumer notices, visit tylertech.com/mtd.
SECTION G – DEFINITIONS
- • "Association Rules" means the bylaws, rules, and regulations, as they exist from time to time, of the Card Networks.
- • "Card Network" means a group of Card issuer banks or debit networks that facilitates the use of payment cards accepted for processing, including, without limitation, Visa,U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers.
- • "CorrectPay Services" means our off the shelf, cloud-based software service and related services used to transmit funds to selected individuals for products and/or services that you have selected. CorrectPay Services do not include support of an operating system or hardware support.
- • "User" means any individual or entity that accesses the CorrectPay Services under your account.
- • "we", "us", "our" and similar terms mean VendEngine, Inc. DBA CorrectPay, a wholly owned subsidiary of Tyler Technologies, Inc., a Delaware corporation and its affiliates.
- • "you" and similar terms mean User.