This agreement ("Agreement") that you are entering into with Horizon Software International, Inc. ("Horizon") and Horizon's designated third-party service provider ("Service Provider"), currently Bruber Financial, Inc. dba Persolvent, is a legal document that details your rights and obligations. By visiting this website you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our website. The MyPaymentsPlus website and related services are offered to you conditioned upon your acceptance without modification of these Terms of Service. From time to time, it may be necessary for us to update or revise certain provisions of the Terms of this Agreement. By using this Web Site or accepting the Agreement, you agree that we may change the terms of this Agreement in our sole discretion without specific notice to you. If you don't agree to the changes proposed by us, or to any terms in this Agreement, your only remedy is to cancel your use of the services offered under this Agreement. This Agreement may be enforced by Horizon or by the Service Provider. Horizon and the Service Provider are collectively referred to in this Agreement as "we", "us" or "our". In this Agreement, "you" or "your" means any person or entity using the Service.
We operate this Web site and associated web pages, which, for purposes of these Terms of this Agreement, will be referred to as the "MyPaymentsPlus Web Site(s)". We offer you access to the MyPaymentsPlus Web Sites, which provides you access to a collection of resources, including, but not limited to, allow authorized users to process credit/debit card and electronic check payments to participating schools, school districts, and communities (the "Service"). The Service helps you make payments to participating schools, school districts, and communities ("Schools"). We offer you access to the MyPaymentsPlus Web Site in exchange for your payment of the fees, as applicable, and your agreement to accept and comply with the terms, conditions, policies and notices stated here and as may be modified by us from time-to-time in our sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement. We do not have control of or liability for the products or services that are paid for with our Service and do not guarantee that a particular School or Community will complete a transaction. You understand that we are not a bank and that the Service is being provided on behalf of the School or Community as an electronic payment processing service rather than a banking service. Completion of your payment transaction is contingent upon both the authorization of payment by your credit/debit card company or financial institution/bank and acceptance of your payment by the participating School or Community. In the event your payment is not processed or authorized by your card company or financial institution or to the extent the applicable School or Community you are seeking to pay fails to accept your payment, your payment liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed by the applicable School or Community, all of which obligations remain your sole responsibility. The Service may be accessed by either telephone or the Internet. It is your responsibility to meet these requirements. Use of the Service by telephone requires that access to a Touch-Tone telephone. Use of the Service by the Internet (i) requires access to the Internet, (ii) requires appropriate Internet browser software, (ii) and may require other associated hardware and/or software. We recommend that you use a web browser that supports SSL (Secure Sockets Layer) 128-bit encryption. Your browser should be Microsoft Internet Explorer 7.0 or above, or Mozilla Firefox 3.0 or above.
Horizon provides you with a non-exclusive, non-transferable, limited license to use Horizon's and/or its suppliers' software, which you agree to use in accordance with this Agreement. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from Horizon. All software is owned by Horizon and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. Horizon's software, its structure, sequence and organization and source code are considered trade secrets of Horizon and its suppliers and are protected by trade secret laws. You may not develop a competitive product that incorporates any features, functions or graphics of Horizon’s and/or it’s suppliers software. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You promise that you will not use the MyPaymentsPlus Web Site or the Service in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the MyPaymentsPlus Web Site. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the MyPaymentsPlus Web Site or interfere with any other party's use and enjoyment of the MyPaymentsPlus Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MyPaymentsPlus Web Site. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the MyPaymentsPlus Web Site. Unauthorized individuals attempting to access prohibited areas of the MyPaymentsPlus Web Site may be subject to prosecution. In connection with the Service, you may not (i) Send or receive what we reasonably believe to be potentially fraudulent funds; (ii) Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both us, the participating School or Community and/or the participating credit/debit card company or financial institution/bank; or (iii) Use the Service in a manner that the participating credit/debit card companies or participating financial institution/bank reasonably believe to be an abuse of the credit/debit card system, violates the credit card association rules, or violates the applicable rules governing the participating financial institution, including the National Automated Clearinghouse (NACHA) rules.
Use of the Service is granted to legally authorized parents, guardians, account holders, and their designees, all to the extent at least 18 years old and a resident of the United States ("Authorized Users"). You must give us the requested information that is current, true, accurate and complete. You are not permitted to use this Service on behalf of another party or use an unauthorized name. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from us for any purpose. We will treat with care the information you entrust to us, in accordance with the disclosures we provide and in our Privacy Statement. If we find or determine that any of the information you provide is outdated, false, inaccurate, or incomplete, we may terminate your use of the Service immediately and for all future use. This action on our part does not limit other remedies at law or in equity we may pursue to recover costs, losses, or other expenses we incur as a result of the information or lack of information you provide. We shall not be responsible/liable for payments made to any School, Community or other third parties or for payments made in incorrect amounts because of errors made by you. If you use the Service, you are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should notify Service Provider immediately if you believe there has been unauthorized use of your account or password or any other breach of security in connection with the Service. We will not be liable for any actions or transfers by any other individual that uses your user name and/or password or identity with or without your consent or knowledge. Upon providing us with your information, you are authorizing us, directly or through third parties, to make any inquiries we consider necessary to confirm your information. This may include ordering a credit report and performing other forms of credit checks including verification against third party databases. We reserve the right to impose daily volume or dollar amount sending limits from time to time. Senders may not exceed this limit in any given 24 hour period. If you used the Service prior to January 1, 2008, you hereby authorize, ratify and approve of the transfer of your data (such as, but not limited to, credit card data settings, low balance email reminder settings, auto-replenish settings, user names, passwords, email addresses and registration information) from Horizon's previous third party provider (EPOS Corporation) to Horizon, and you further hereby authorize, ratify and approve of Horizon's provision of such data to Horizon's current or future third-party providers and such providers' use of such data in order to provide you with the Service.
Depending on the methods approved by your participating School or Community, you may make payments by using either a credit/debit card or by electronic check using a valid U.S. bank account. All monies deposited into this Service are paid to the Service Provider, who agrees to attempt to deposit the monies into a School or Community owned back account on your behalf. The Service Provider shall retain possession of the funds until they are deposited into the School's or Community's designated account. If the School or Community fails to accept the payment, those monies will be returned to the Authorized User. Any disputes or allegations regarding the payment must be addressed to Horizon. The School or Community receives the proceeds of all payments less any program fees associated with the transaction, as described in this Agreement. Use of payments at the School or Community is governed exclusively by your agreement or arrangement with the School or Community, and we are not responsible for the School's or Community's handling of payments after depositing the payment into the School's or Community's designated account. Payments will be processed promptly and submitted to the School or Community. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received by the School or Community. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. mail service; any durations listed on the website are for example purposes only. We reserve the right to hold funds beyond the normal periods for transactions that appear suspicious or fraudulent. Certain school districts and communities offer Authorized Users the ability to purchase sponsored items and pay for related fees. Payments for such transactions are accepted by our Service, but fulfilled by the School or Community. You agree to resolve any disputes regarding the items or fees with the School or Community.
The following terms apply to the extent you use the Service to process payments by electronic check. When you make a payment through the Service by electronic check, you are requesting an electronic fund transfer from your designated bank account. Upon receipt of such request, we will make electronic transfers via the Automated Clearing House ("ACH") system from your U.S. bank account in the amount specified. Your request constitutes your authorization for such electronic transfers to be made by us. You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. We reserve the right to resubmit for collection any ACH debit authorized by you that is returned for insufficient or uncollected funds. You must provide a valid bank account to be electronically debited by us. Please be advised that we reserve the right to reject any accounts at certain banks for the use of our Service. In addition, we may require additional information and confirmation at our sole discretion or at the discretion of your School or Community. In general, consumer and business checking and savings accounts are permitted for designation and use of us; note that some cash management, sweep, and/or investment accounts will not permit use of the Service. It is very important that you contact us as well as contact your financial institution/bank at once if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying your bank if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Please be sure to review your terms and conditions as provided to you by your financial institution/bank related to your Electronic Fund Transfer Rights and Error Resolution.
The following terms apply to the extent you use the Service to process payments by credit/debit card. Your use of the Service to process payments from your credit card or debit card are subject to and in accordance with your agreement with your corresponding credit card or debit card company, in addition to the terms of this Agreement.
At our sole discretion, we reserve the right to restrict payment requests for any one of the following reasons (i) Unauthorized or unusual use of your designate bank account; (ii) Transfer or receipt of fraudulent or suspected fraudulent funds; (iii) Detection of excessive disputes or reversals, or "kiting" type attempts; (iv) Failure to cooperate in an investigation, disputes, or provide additional requested information when requested; (v) Any noncompliance with the terms and conditions of this Agreement; (vi) Failure to confirm any personal or bank account information previously provided by you associated with the use of our Service; or (vii) Insufficient funds, returns, or reversals of any kind related to your bank account. We will use reasonable efforts to research and resolve such matters as specified above to reach a conclusion as quickly as reasonably possible for all parties involved. In the event there is a dispute covering a specific transaction, we may restrict the electronic funds related to that particular transaction. We may also restrict all transactions for a designated period of time or as necessary in our sole discretion to protect ourselves against the risk or returns or reversals.
You may be required to pay a fee for the convenience of paying amounts using the Service ("Program Fee"). If you are required to pay a Program Fee, you will be notified of the exact amount of the Program Fee prior to making your payment. The Service Provider and/or the School or Community, or their designee, reserve the right to take certain actions in the event that an electronic check payment cannot be collected for any reason, including, but not limited to, "NSF" or invalid account information. These actions include, but are not limited to, charging a return check fee of the lesser of $30 or the maximum amount allowed by law, deducting the uncollected amount from your designated bank account, directly deducting the return check fee from your designated bank account, deducting the return check fee from the student or resident accounts funded by the declined transaction, and/or taking any other actions allowed by law and/or school district or community policy. The returned check fee may be the maximum amount allowed by law or as defined by School or Community policy. We also reserve the right not to accept check payments for Authorized Users in the future and to notify the School or Community of the returned/uncollectible check payment. The Service Provider and/or the School or Community reserve the right to take certain actions in the event that a credit/debit card transaction is disputed and cannot be collected once approved. These actions include, but are not limited to, reversal of payment transaction, deducting the uncollectible amount directly from your designated bank account, deducting the uncollectible amount directly from the student or resident accounts funded by the transaction, and/or taking any other actions allowed by law and/or School or Community policy. We also reserve the right to not accept payment for Authorized User in the future and to notify the School or Community of the disputed credit/debit card transaction.
If you are not satisfied with any goods or service purchased with a payment made through the Service, you agree to resolve the issue with the associated School or Community. The methods for refunds are determined solely by the School or Community, and you agree to not seek refunds from the Service Provider or Horizon after Service Provider has deposited the payment amount into the School's or Community's designated account. If you would like a refund of any payment amount that has not been used to purchase goods or services, you must contact the participating School or Community directly.
The MyPaymentsPlus Web Site contains content and information from third party providers and/or links to their Web sites ("Third Party Content"). Such content is not under the control of Service Provider or Horizon and we are not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. We are providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Service Provider or Horizon of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. We do reserve the right to remove content that, in our judgment, does not meet our standards, but we are not responsible for any failure or delay in removing such material. We are not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Horizon, Service Provider and their respective affiliates, suppliers, agents and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: NO PARTY TO THIS AGREEMENT SHALL BE LIABLE TO ANY OTHER PARTY TO THIS AGREEMENT OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL HORIZON'S AND SERVICE PROVIDER'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. HORIZON AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO INDEPENDENT CONTRACTOR AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HORIZON AND SERVICE PROVIDER OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF HORIZON'S AND SERVICE PROVIDER'S OBLIGATIONS.
You agree to indemnify, defend, and hold harmless Service Provider, Horizon, their respective employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any failure by you or any employee, agent or you of you to comply with the terms of this Agreement; (ii) any warranty or representation made by you being false or misleading; (iii) any representation or warranty made by you or any employee or agent of you to any third person other than as specifically authorized by this Agreement, (iv) negligence of you or your subcontractors, agents or employees, or (v) any alleged or actual violations by you or your subcontractors, employees or agents of any governmental laws, regulations or rules.
All materials on the MyPaymentsPlus Web Site (as well as the organization and layout of the MyPaymentsPlus Web Site) are owned and copyrighted or licensed by Horizon, Service Provider, their affiliates or their suppliers, as applicable. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the MyPaymentsPlus Web Site is permitted without the written permission of Horizon or Service Provider, as applicable. Any rights not expressly granted herein are reserved. Without Horizon's or Service Provider's, as applicable, prior permission, you agree not to display or use in any manner, any of Horizon's or Service Provider's trademarks, whether registered or not.
"Intellectual Property" means all of the following owned by a party: (i) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith; (ii) patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names. The rights owned by a party in its Intellectual Property shall be defined, collectively, as "Intellectual Property Rights." Other than the express licenses granted by this Agreement, neither Service Provider nor Horizon, as applicable, grants any right or license to you by implication, estoppel or otherwise to any Intellectual Property Rights of Service Provider or Horizon, as applicable. Each party shall retain all ownership rights, title, and interest in and to its own products and services and all intellectual property rights therein, subject only to the rights and licenses specifically granted herein. Either Horizon or Service Provider, as applicable, shall have the sole right, but not the obligation, to pursue copyright and patent protection, in its sole discretion, for any Intellectual Property Rights incorporated therein. You will cooperate with Service Provider or Horizon, as applicable in pursuing such protection, including without limitation executing and delivering to Service Provider or Horizon, as applicable, such instruments as may be required to register or perfect Service Provider's or Horizon's, as applicable, interests in any Intellectual Property Rights and any assignments thereof. You shall not remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation received from Service Provider or Horizon, as applicable, in connection with this Agreement.
We reserve the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither Horizon nor Service Provider shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Either you, Horizon or Service Provider may terminate or cancel the Service at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Service Provider or Horizon. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or our enforcement or application of any such term; (2) any policy or practice of Horizon or Service Provider, including our Privacy Policy or our enforcement or application of these policies; (3) the content available through us or any change in content provided through us; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. All other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement, including, but not limited to paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions. No provision of this Agreement shall be construed against any party merely because that party or counsel drafted or revised the provision in question. All parties have been advised and have had an opportunity to consult with legal counsel of their choosing regarding the force and effect of the terms set forth herein. This Agreement shall be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. You may not assign this Agreement without the written consent of both Horizon and Service Provider. Horizon and/or Service Provider may assign this Agreement in its sole discretion without the written consent of you. The section headings contained in this Agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement, including all schedules, exhibits and attachments thereto, sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of this Agreement or arising out of or based upon this Agreement or the business relationship between the parties hereto shall be brought in federal or state court in Georgia. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees and fees on any appeal.