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Green By Phone Terms
and Conditions of Service / Agreement
PLEASE READ THE TERMS AND CONDITIONS OF SERVICE FOR ALL USERS (THE "USER
AGREEMENT") CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE OR GREEN BY PHONE, INC.
SERVICES.
BY CLICKING ON THE “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT”
CHECKBOX / SUBMIT BUTTON ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU
(“USER” or “YOU” or “YOUR”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS USER
AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THIS WEB
SITE, AS SUCH DOCUMENTS ARE AMENDED FROM TIME TO TIME. [http://GreenByPhone.com/Privacy.aspx].
IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT,
PLEASE DO NOT CLICK ON THE “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT”
CHECKBOX / SUBMIT BUTTON OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION
ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE. THIS USER AGREEMENT
IS ALSO INTENDED TO BE USED IN CONJUNCTION WITH ANY OTHER AGREEMENT BETWEEN YOU
AND US. ANY CONFLICT BETWEEN THIS AGREEMENT AND SUCH OTHER AGREEMENT SHALL BE
RESOLVED IN FAVOR OF SUCH OTHER AGREEMENT, WHICH SHALL CONTROL.
Green By Phone, Inc. (referred to as "we" or "us" or
“our”) is the owner and operator of this website (the "Website" or “Service”)
and the materials and services provided thereon. By clicking on the “I AGREE
WITH THE TERMS OF SERVICE / AGREEMENT” checkbox / submit button on the
Website, you acknowledge that You have been advised that We are not a bank or
financing institution of any kind and that We are not in the banking business.
TERMS AND CONDITIONS OF THE BILL DELIVERY AND PAYMENT SERVICE
Commercially Reasonable Effort and No Guarantee
Due to circumstances beyond the control of Us, particularly delays in
handling and posting Bill Payments by the Payee or financial institutions, some
Bill Payment transactions may take longer to be credited to your account.
We will bear no responsibility for any late payment related charges due to the
actions of others or that are outside of our direct control. You agree that this
Website is being offered as a service only. You acknowledge and agree that We
will take commercially reasonable steps to ensure the validity of each check you
enter into/through Our Website. We do not guarantee funds and if funds are not
available when processed through your financial institution it is your sole
responsibility to collect said funds. In addition, We do not guaranty that once
funds have been verified that the status of your client’s bank/financing account
will not change prior to the withdrawal or depositing of funds. We do not
process ACH transactions. By clicking the “I AGREE WITH THE TERMS OF SERVICE
/ AGREEMENT” checkbox / submit button on the Website and thereafter
utilizing the Website, you acknowledge and agree that all checks are processed
directly to Your client’s banking/financing institution by Demand Draft or Check
21 imaging, or sent to the address You provided for your customer, as directed
by you.
License, Access and Interference
The contents of this Website and the materials located thereon are
protected by copyright, trademark, trade secret and other laws and are the sole
and exclusive property of us and/or other owners. We grant you a limited,
non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable
license to access and make personal use of the Website and the materials located
thereon. This license does not include any resale, redistribution,
replication, public display, republication or similar commercial use of this
Website or its contents or the materials located thereon, except as expressly
provided herein or any other agreement that you have entered into with us; any
collection and use of any materials located on the Website, descriptions, or
prices; any derivative use of this Website or its contents or the materials
located thereon; any downloading or copying of account information for the
benefit of any third party; or any use of data mining, robots, or similar data
gathering and extraction tools. This Website or any portion of this
Website or the materials located thereon, may not be reproduced, duplicated,
copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse
engineered, disassembled, decompiled or otherwise exploited for any similar
commercial or other purpose without our express written consent or as otherwise
permitted in any other agreement with us. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information or materials (including images, text, page layout, or form) of ours
or of any third party on the website without our express written consent.
You may not use any meta tags or any other "hidden text" utilizing our name or
trademarks without our express written consent. Any unauthorized use of the
Website, materials located thereon or services terminates the permission and
license granted by us. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Website so long
as the link does not portray us or any products or Services offered on the
website in a false, misleading, derogatory, or other manner which we deem
offensive. You may not post any material or information on the Website
that is false, misleading, derogatory, defamatory, obscene, harassing, violative
of the law or anyone's rights or which we deem offensive. We have the
right, but not the obligation to monitor your use or other users' postings or
other use of this Website. You may not use any logo or other proprietary
graphic or trademark on the website as part of the link without our express
written permission. You will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website.
You will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. We reserve all rights in the Website,
Services and materials located thereon that are not expressly granted under this
Agreement and no additional rights or licenses are granted to you by
implication, estoppel, course of dealing or otherwise.
Links to this Site
If you link to the Site you agree not to:
- create frames around the Site or use otherwise alter the Site's visual presentation;
- imply that We are endorsing you or your products and services or your website;
- imply an affiliation between you and Us without our prior written consent;
- present false or misleading impressions about our products and services or your products and services;
- contain materials that may be interpreted as distasteful or offensive.
In establishing links, you must not represent in any way, expressly or by
implication, that you have received the endorsement, sponsorship or support of
the Website. You agree to remove any links you have to the Website
immediately upon our request.
Links to Third Party Websites
We are not responsible for the availability of any other site to which the
Website links. We do not endorse or take responsibility for the content,
advertising, products or other materials made available through any other site.
Under no circumstances will we be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have been caused
to you in connection with your use of, or reliance on, any content, goods or
services available on any other site. You should direct any concerns to
that site's administrator or webmaster.
Age
This Website is intended for use by people over the age of Seventeen (17).
BY CLICKING ON THE “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT”
CHECKBOX / SUBMIT BUTTON ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU
REPRESENT THAT YOU ARE OVER THE AGE OF SEVENTEEN (17).
PROFILE INFORMATION
Information included in your Service profile, as identified in the
application, including, but not limited to, your user name, password, and
payment account data, is used as part of the Service with participating billers
that offer their own biller direct sites through our Website.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to
access your account to any unauthorized individuals. If you permit
Authorized Users or other persons to use the Service or your password or other
means to access your account, you are responsible for any transactions they
authorize or process. If you believe that your password or other means to
access your account has been lost or stolen or that someone may attempt to use
the Service without your consent or has transferred money without your
permission, you must notify the Service at once by calling 1-678-804-7260 during
customer service hours.
ERRORS AND QUESTIONS
In case of errors or questions about your Service transactions, you should
as soon as possible notify us via one of the following:
- Telephone us at 678-804-7260 during customer service hours;
- Write us at:
- Green By Phone, Inc.
- 2905 Jordan Ct, Ste B-120
- Alpharetta, GA 30004
If you tell us verbally, we may require that you send your complaint in
writing within ten (10) Business Days after your verbal notification. We
will tell you the results of our investigation within ten (10) Business Days
after we hear from you, and will correct any error promptly. However, if
we require more time to confirm the nature of your complaint or question, we
reserve the right to take up to ninety (90) days to complete our investigation.
If it is determined there was no error we will mail you a written explanation
within three (3) Business Days after completion of our investigation. You
may ask for copies of documents used in our investigation.
PRIVACY POLICY
The Service's policy with respect to use of your information will be in
accordance with Our privacy statement that may be viewed at [http://GreenByPhone.com/Privacy.aspx].
You understand and agree that all data will be entered by you or your authorized
agent (See above regarding allowing others to access your Website account).
You are responsible for all charges processed using your Website account. By
clicking on the “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT” checkbox
/ submit button on the Website, you are accepting full legal responsibility for
collecting and entering accurate checking and/or savings account data from your
clients and You are certifying to Us that You have the right to process a check,
demand draft or payment from Your client’s account(s). Any invalid, fraudulent
or missing data is your responsibility and not Our responsibility. BY ENTERING
DATA, YOU REPRESENT, WARRANT AND CERTIFY THAT YOU HAVE THE LEGAL RIGHT TO
PROCESS A CHECK, PAYMENT OR DEMAND DRAFT FROM SUCH CLIENT’S CHECKING ACCOUNT.
SERVICE FEES AND ADDITIONAL CHARGES
By clicking on the “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT”
checkbox / submit button on the Website, you agree that you have read this
Agreement, have been informed of and agree to the fees and expenses charged to
you for the use of Our Website. You agree that We may make deposits to any
bank account you designate and that We may verify such accounts in advance (or
at anytime thereafter) as We deem necessary. Any fees associated with your
existing financial institutions accounts will continue to apply. You are
responsible for any and all telephone access fees and/or internet service fees
that may be assessed by your telephone and/or internet service provider.
When applicable, you agree to pay any other applicable charges and authorize the
Service to deduct such charges from your designated bank account, credit card or
debit card You provide to Us. You agree to allow your signature on file
with Our Service to be placed on your fee checks due and payable to Us, as well
as on refund checks, bill payments, or any other item where it may be required.
Additionally, a One U.S. Dollar and 00/100 ($1.00) fee will be charged if you
don not provide an electronic mail address or Two U.S. Dollars and 00/100
($2.00) fee if you provide a non-working electronic mail address. If Our
Service fee is returned unpaid by your financial institution, then We charge a
Thirty Five Dollar and 00/100 ($35.00) returned item fee or five percent (5%) of
the amount returned, whichever is greater. If a second item is returned
unpaid, then We may place your account on High Risk Status and require a backup
funding source (e.g., credit or debit card, security deposit, etc.). By
clicking on the “I AGREE WITH THE TERMS OF SERVICE / AGREEMENT” checkbox
/ submit button on the Website, you agree that We may deduct our fees from Your
bank/financing account or institution. You agree to pay Us for any of Our
expenses in attempting to collect the amount of unpaid fees incurred by Us. You
acknowledge that We may report any facts concerning the return of any items to
any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or
amended by the Service from time to time. In such event, the Service shall
provide notice to you and all other Users on the Website. Any use of the
Service after the Service provides you a notice of change will constitute your
agreement to such change(s). Further, the Service may, from time to time,
revise or update the applications, services, and/or related material, which may
render all such prior versions obsolete. Consequently, the Service
reserves the right to terminate this Agreement as to all such prior versions of
the applications, services, and/or related material and limit access to only the
Service's more recent revisions and updates. You authorize us to send or
provide by electronic communication (including posting a notice to the Website)
any notice, communication, amendment or replacement to the Agreement, or
disclosure required to be provided orally or in writing to you. You agree
to receive any electronic communication provided to you and will not attempt to
avoid receiving any such communication. You are deemed to have received
any electronic communication provided to you when they are made available to
you.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in
your user profile is current and accurate. This includes, but is not limited to,
name, address, phone number(s) and e-mail address(es). Changes can be made
either within the application or by contacting customer service. Any
changes in your Account should also be made in accordance with the procedures
outlined on the Website. All changes made are effective immediately for
scheduled and future payments paid from the updated account information. The
Service is not responsible for any payment processing errors or fees incurred if
you do not provide accurate account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service you may do so via one of the
following:
- Telephone us at 678-804-7260 during customer service hours;
- Write us at:
- Green By Phone, Inc.
- 2905 Jordan Ct, Ste B-120
- Alpharetta, GA 30004
Any payment(s) the Service has already earned or processed before the
requested cancellation date will be completed by the Service. The Service
may terminate or suspend Service to you at any time. Neither termination
nor suspension shall affect your liability or obligations under this Agreement.
INFORMATION AUTHORIZATION
You agree that the information you provide to the Service can go through a
verification process. You agree that the Service reserves the right to obtain
financial information regarding your Payment Account from your financial
institution (for example, to resolve payment posting problems or for
verification). In addition, you agree that the Service reserves the right to
request a review of your credit rating at its own expense through an authorized
bureau. You agree that We may contact any customer you enter into the system to
verbally verify your right to process a payment from their bank or financial
account.
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree
to resolve the dispute by looking to this Agreement. You agree that this
Agreement is the complete and exclusive statement of the agreement between you
and the Service which supersedes any proposal or prior agreement, oral or
written, and any other communications between you and the Service relating to
the subject matter of this Agreement. If there is a conflict between what an
employee of the Service or customer service department says and the terms of
this Agreement, the terms of this Agreement will prevail. All other
disputes, to the maximum extent permitted by applicable law, any controversy or
claim between you and us or our subsidiaries and affiliates, and our and their
respective officers, directors and employees, arising out of or relating to this
Agreement or your use of the Website, shall be settled by binding arbitration,
before a single arbitrator, in accordance with the commercial arbitration rules
of JAMS which shall administer the arbitration. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party, nor shall
arbitration on a class action basis be permitted. The arbitration award
shall be in writing and shall include findings of fact and conclusions of law.
Judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either party may seek any interim or preliminary
relief from a court of competent jurisdiction necessary to protect the rights or
property of either party pending the completion of arbitration. You agree
that the arbitration shall take place in the United States of America, State of
Georgia, Forsyth County.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may
assign this Agreement to any future, directly or indirectly, affiliated company.
The Service may also assign or delegate certain of its rights and
responsibilities under this Agreement to independent contractors or other third
parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed by the Service.
No delay or omission on the part of the Service in exercising any rights or
remedies shall operate as a waiver of such rights or remedies or any other
rights or remedies. A waiver on any one occasion shall not be construed as a bar
or waiver of any rights or remedies on future occasions.
CAPTIONS
The captions of sections hereof are for convenience only and shall not
control or affect the meaning or construction of any of the provisions of this
Agreement.
TAXES
Your are responsible for payment any taxes that may be assessed or
otherwise due in connection with any transactions or purchases you make through
Us or the Website.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of Georgia, without regard to its conflicts of laws
provisions, except that in underlying transactions involving commerce, the
enforcement of this arbitration provision shall be governed by the Federal
Arbitration Act. The parties further agree that this Agreement shall be deemed
to have been negotiated, entered into, executed and performed for all purposes
within the State of Georgia. Either party's failure to act with respect to a
breach does not waive the non-breaching party's right to act with respect to
subsequent or similar breaches.
Indemnity
You agree to indemnify, defend and hold us, our subsidiaries and
affiliates and each of our and their respective officers, directors, agents,
employees, independent contractors and suppliers, harmless from any claim,
demand, action, cost and expense, including reasonable legal fees, due to or
arising out of the following events: (i) your giving us any information which is
inaccurate; (ii) your breach of any warranty, representation or other obligation
set forth in this Agreement; (iii) your negligence or willful misconduct; (iv)
your violation of any law, regulation or right of any third party; (v) any
dispute or action between you and any third party, including parties selling
goods or services through this Website; and (vi) your use of this Website or the
products or services of us or any third party, except for claims resulting
solely from our negligence or willful misconduct.
Release and Covenant Not to Sue
To the maximum extent permitted by applicable law, you hereby release,
agree and covenant not to sue us, our subsidiaries and affiliates, and our and
their respective officers, directors, agents, employees, suppliers and
independent contractors, from or in connection with any and all claims, demands
and damages (actual and consequential) of every kind and nature arising out of
or in any way connected with the Website or your use of this Website, other than
for our willful misconduct or our failure to honor an express commitment posted
on the Website (i.e., if we fail to deliver materials or information to you
which you paid for). If you are a California resident, you hereby waive
California Civil Code Section 1542, which says: "a general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
Severability
The invalidity of any portion of this Agreement will not affect the
validity of any other provision and any such finding of invalidity or
unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction. In the event that any
provision of this Agreement is held to be invalid or unenforceable, the parties
agree that the remaining provisions will be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision. It is expressly understood, however, that
the parties hereto intend each and every provision of this Agreement to be valid
and enforceable and hereby knowingly waive all rights to object to any provision
of this Agreement to the full extent permitted by law. Accordingly, if any part
of this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision(s) will, rather than be stricken in their entirety, be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Agreement shall
continue in effect.
Entire Agreement
Except as otherwise provided, this User Agreement contains the entire
agreement of the parties relating to its subject matter and supersedes any prior
or contemporaneous agreements, negotiations, correspondence, understandings or
communications, whether oral or written. If at any time you choose not to accept
the terms of this User Agreement, you will not have authorized access or
authority to use the Website. This User Agreement applies to your use of this
Website or other sites that we may own or operate in the future, unless such
sites provide otherwise.
Choice of Language
The parties hereto confirm that it is their wish that this Agreement as
well as other documents relating hereto including notices, have been and shall
be drawn up in the English language only.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO) NEGLIGENCE, WILL WE
OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT
OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE
SERVICE. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO
BE BOUND BY ALL ITS TERMS.
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