Finance Connect allows you (i.e., the insured customer of epay3, Inc. d/b/a ePayPolicy’s (“ePayPolicy”) client) to connect with certain premium financing services providers (each, a “Financing Provider”)—at the point of online payment (the “platform”) at ePayPolicy’s website. ePayPolicy only acts as a platform provider, giving you access to the offer and terms of the Financing Provider(s). ePayPolicy’s function is limited to: (i) displaying the Financing Provider’s offer and terms on the platform, and (ii) giving you the option to obtain further information regarding premium financing services from the Financing Provider(s)via the platform. ePayPolicy is not a party to any premium financing transaction or to any contract you choose to enter into with a Financing Provider and is not responsible for the performance of any obligations of that transaction or contract.
The Financing Provider is responsible for: (i) providing you with the services agreed to between you and the Financing Provider; (ii) delivering the services to you; and (iii) resolving any issues you may have related to the services. You are responsible for: (i) making timely payments to the Financing Provider; and (ii) any other obligations to the Financing Provider pursuant to your agreements with such Financing Provider.
By using Finance Connect, you:
agree (i) your ePayPolicy account information (e.g., stored credit and debit card data, billing addresses) is current, (ii) you meet ePayPolicy’s initial eligibility requirements for using Finance Connect, (iii) your device, browser, app, and location information (including IP address, unique identifiers, browser type and settings, device type and settings, operating system, application version number) may be shared with the Financing Providers, Financing Providers’ third party payment processors, and their service providers for fraud prevention purposes; and (iv) you agree to be bound by the terms and conditions set forth in this Platform Provider Notice (“Notice”).
External Services.
Finance Connect may enable your access to a Financing Provider’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services and engage with the Financing Provider at your sole risk. ePayPolicy is not responsible for examining or evaluating the content or accuracy of any External Services, Financing Provider information, or Financing Provider agreements and services and shall not be liable for any such External Services, Financing Provider information, or Financing Provider agreements and services. Any data or information displayed by or otherwise provided to you by any Financing Provider or External Service, including but not limited to financial information, is not guaranteed by ePayPolicy or its agents or representatives. The External Services and any other services provided by any Financing Provider are governed by the agreement between you and the Financing Provider and/or the terms and conditions.
NO WARRANTY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY EXTERNAL SERVICES AND
ENGAGEMENT OR AGREEMENT WITH ANY FINANCING PROVIDER IS AT YOUR SOLE RISK. THE
EXTERNAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY ANY FINANCING PROVIDER
ARE PROVIDED BY THE FINANCING PROVIDER AND NOT EPAYPOLICY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EPAYPOLICY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE EXTERNAL SERVICES AND ANY SERVICES PROVIDED BY THE
FINANCING PROVIDERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF ANY RESULTS, AND
OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION GIVEN BY
EPAYPOLICY OR ITS AUTHORIZED AGENTS OR REPRESENTATIVES SHALL CREATE A WARRANTY.
You further agree you will not use the External Services in any manner that is inconsistent with the terms of this Notice. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that ePayPolicy is not responsible for any such use. External Services may not be available to all users and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. ePayPolicy reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
LIABILITY.
EPAYPOLICY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM YOUR USE OF FINANCE CONNECT AND THE EXTERNAL SERVICES OR YOUR RELATIONSHIP WITH THE FINANCING PROVIDERS, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE FINANCE CONNECT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payments.
You agree that when you choose to work with a Financing Provider, you are fully responsible for all obligations and payments to be made to the Financing Provider. Any agreement you enter into with the Financing Provider for payment of invoices is between you and the Financing Provider, not ePayPolicy. Your use of the External Services is also subject to the terms and conditions governing the agreements between you and any Financing Providers. You are responsible for any charges and related fees that may be imposed under your agreements with the Financing Provider and any terms and conditions thereof.
If you choose to engage a Financing Provider, ePayPolicy’s only obligations are to remit any initial deposit from the Financing Provider to the appropriate party. Once this payment transaction is complete, ePayPolicy’s obligations will be deemed fully completed and discharged.
You acknowledge and agree that your use of any External Services or services provided by Financing Providers are transactions between you and the Financing Provider, and not with ePayPolicy or any of its affiliates. Neither
ePayPolicy nor any of its affiliates are a party to your transaction or contract with the Financing Provider, and
ePayPolicy and any of its affiliates parties to nor do they have any obligations associated with such transaction or
contract.
Proprietary Rights.
Nothing herein gives you a right to use any of ePayPolicy’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights of any kind or nature in and to ePayPolicy’s platorm, website and Finance Connect, in whole or in part (including without limitation any of ePayPolicy’s trademarks, trade names, logos, graphics, and service marks), are and shall remain ePayPolicy’s sole and exclusive property. You acknowledge and accept ePayPolicy’s rights as set forth herein. Without limitation on the foregoing, you agree that you shall not in any manner take any action that would impair the value of, or goodwill associated with, any of ePayPolicy’s trademarks, trade names, logos, graphics, services marks, products, services, and other ePayPolicy information and materials.
Availability of Services.
Although ePayPolicy’s platform, website and other services are available worldwide, not all of the services offered through the website or via Finance Connect are available to all persons and/or in all geographic locations or jurisdictions. ePayPolicy expressly reserves the right to limit the availability of the website, Finance Connect, and/or the provision of any service to any person, geographic area, or jurisdiction in its sole discretion at any time, without liability or obligation to you in any way. In addition, ePayPolicy may terminate or suspend your account at any time for any reason. If ePayPolicy suspends or terminates your account with ePayPolicy, you remain responsible for any obligations under your agreements with any Financing Provider.
Disputes.
Notwithstanding anything to the contrary herein, you agree to release ePayPolicy and its affiliates, and their respective officers, directors, employees, agents, representatives, attorneys, insurers, contractors, successors and assigns (collectively, the “ePayPolicy Parties”), from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute between you and any Financing Provider. You further agree that you will not involve ePayPolicy Parties or any of their affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any External Service or Financing Provider. If you attempt to do so, (i) you will pay all costs and attorneys’ fees of all ePayPolicy Parties and will provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute will be limited as set forth below.
Indemnification.
To the extent permitted by applicable law, you agree to INDEMNIFY, DEFEND AND HOLD HARMLESS the
ePayPolicy Parties from and against any and all claims, demands, causes of action, debt or liability, including
reasonable attorneys’ fees, including without limitation attorneys’ fees and costs incurred by the ePayPolicy Parties arising out of, related to, or which may arise from: (i) your use of Finance Connect; (ii) your agreement(s) with any Financing Provider; (iii) any breach or non-compliance by you of any term of this Notice (including any ePayPolicy terms incorporated by reference in this Notice) or any applicable policies; (iv) any dispute or litigation caused by your actions or omissions; or (v) your negligence or violation or alleged violation of any law or rights of a third party. This defense and indemnification obligation will survive the terms contained herein and your use of any ePayPolicy services.
Changes to this Notice.
ePayPolicy may add to, delete from or modify the terms of this Notice at any time. You should check this Notice regularly. Changes to the Notice will not apply retroactively, and will become effective seven (7) days after posting. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your participation in Finance Connect. If any change to the Notice is found invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF FINANCE CONNECT AFTER A CHANGE TO THE NOTICE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
