Online Website Agreement and Authorization for Payments Terms and Conditions
The Web Site (the "Service") is an on-line bill payment service provided by Total Recovery Services, Inc. and its licensors.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Total Recovery Services, Inc. may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement. Total Recovery Services, Inc. has no obligation to notify users of the posting of a modified Agreement.
Payment Services, by accessing the Service, you authorize Total Recovery Services, Inc. (1) to establish and maintain your payment authorizations and (2) to process your payments according to your instructions.
Types of Payments and Payees, You may use the Service only to authorize the payment of bills owing to Total Recovery Services, Inc. and/or its clients. Payments that you authorize will be made from a bank or financial institution account (the "Transaction Account") that you designate. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account.
Timing, By providing Total Recovery Services, Inc. with a payment authorization under the Service, you authorize Total Recovery Services, Inc. to charge the Transaction Account to remit funds on your behalf to pay your bills owed to Total Recovery Services, Inc. and/or its clients. It is your responsibility to make timely payment authorizations, so that the funds will arrive at Total Recovery Services, Inc. before the date on which they are due.
Responsibility of Total Recovery Services, Inc.; Total Recovery Services, Inc. will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by Total Recovery Services, Inc.. Total Recovery Services, Inc. will not be responsible for any failure to process a payment authorization that is not actually and completely received by Total Recovery Services, Inc. for any reason, including user error, equipment malfunction, natural disasters or impediments, or inaccurate or incomplete information.
Bank or Financial Institution Limitations, In using the Service, you are requesting Total Recovery Services, Inc. to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account. Total Recovery Services, Inc.'s obligations under the Service are subject to any such limits or restrictions, and Total Recovery Services, Inc. has no duty to notify you of any such limits or restrictions. Upon using the Service, you agree that funds are available. Thus, Total Recovery Services, Inc. is not liable for any over drafted accounts or its affiliated fees from you Institution.
Charges, As a customer of the Service, you will not be charged by Total Recovery Services, Inc. for payment authorizations that you choose to send electronically.
Refunds, No refunds will be given unless over payment has been made. In the event of overpayment, you will be mailed a check to the address supplied or on file for the amount overpaid within 30 days.
DISCLAIMER OF WARRANTIES. TOTAL RECOVERY SERVICES, INC. IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TOTAL RECOVERY SERVICES, INC. DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TOTAL RECOVERY SERVICES, INC. OR ANY LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF TOTAL RECOVERY SERVICES, INC., OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you.
Assignment, You may not assign this Agreement to any other party. Total Recovery Services, Inc. may assign this Agreement to any directly or indirectly affiliated company. Total Recovery Services, Inc. may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
General, This Agreement is governed and shall be construed in accordance with the laws of the State of IN, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Total Recovery Services, Inc. and you concerning the Service and may only be amended as provided herein. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at http://www.totalrecoveryservices.com (this "website"). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the website for at least 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was made.
This website has been prepared solely for the purpose of providing information about Total Recovery Services, Inc.("Company"), and the products and services offered by the company and its operating subsidiaries and affiliates. Without limiting the generality of anything else, Company makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and its shall not be responsible for any errors or omissions in the website. Company reserves the right to add, modify or delete any information on this website at any time, with or without notice.
Copyright and Other Proprietary Information:
Website text, graphics, design, selection and arrangement copyright Total Recovery Services, Inc. All rights reserved. Company also owns a copyright in the website as a collective work and/or compilation. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission of Company is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Company or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Company welcomes your feedback and suggestions about how to improve our products, information, and services and this website. By transmitting any suggestions, information, data, material, or other content (collectively, "Submissions") to Company, you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Company is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
Forward-looking Statements Disclosure:
Certain statements in documents that appear in or are obtained through this website, including, without limitation, statements as to any company's objective to grow through strategic acquisitions and internal growth, the ability to realize operating efficiencies in the integration of its acquisitions or as to management's beliefs, expectations and opinions, are forward-looking statements that involve risks and uncertainties and are subject to change at any time. Certain factors, including without limitation, risks associated with growth and future acquisitions, fluctuations in quarterly operating results, can cause actual results and developments to be materially different from those expressed or implied by such forward-looking statements.
Disclaimers; Disclaimers Regarding Other Servers and Web Sites:
This website, the website materials on and in and made available through this website, and the services, information, and products offered by Company in connection therewith are made available "as is" and "with all faults." Use of this website is entirely at your own risk.
Company makes no representations or warranties, and disclaims all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.
Company shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Company to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website.
Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Company. Accordingly, Company can make no representation concerning the content of these sites to you, nor can the fact that Company has given you this listing serve as an endorsement by Company of any of these sites. Company is providing links to these sites as a convenience to you. Company has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Company cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Company is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.
Total Recovery Services, Inc.("Company") has a Privacy Notice setting out Company's online information gathering and dissemination practices with respect to the website. The Privacy Notice is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Governing Law and Jurisdiction:
These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Company with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Allen County, Indiana, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by Company from its offices within the United States. Without limiting anything else, Company makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Company to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). The waiver or failure of Company to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Company reserves the right to terminate your access to this website in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
This Privacy Notice sets forth the information gathering, use, and dissemination practices of Total Recovery Services, Inc. ("Company") in connection with the World Wide Web site located at http://www.totalrecoveryservices.com (its "website"). This Privacy Notice addresses Company's practices regarding information collected only directly through or from its website - it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from its website, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
Company collects, uses, and stores information on the domain you use to access its website, the Internet address of the site from which you linked directly to its website, and the date and time of your visit to its website. This information may be used to measure the number of visitors to the various pages on the Company website, to help make improvements to the information contained on the site, and to better serve site visitors through special marketing and service programs, among others. Company also collects, uses, and stores the e-mail addresses of users that communicate with Company via e-mail, information knowingly provided by website users, and information regarding which website pages users access.
Personal information contained in e-mail sent by individuals may be used by Company to answer questions, follow-up on suggestions or complaints, process requests or transactions, or improve the level of service Company provides.
Company may share personally identifiable information obtained on its website with any company or marketing group internal to Company. Except as provided below, Company does not share any personally identifiable information obtained on its website with or sell information obtained on this website to any company or marketing group external to Company. Company may, however, share aggregate information with other persons or entities for purposes determined by Company to be appropriate. In no event shall any disclosure be made where prohibited by applicable law, rule or regulation, including but not limited to the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and Health Insurance Portability and Accountability Act.
Company may disclose identifiable information (i) to another entity with which Company enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, (ii) to a third party pursuant to a subpoena, court order, or other form of legal process or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or (iii) to a third party if determined by Company in its sole judgment that such disclosure is appropriate to protect the life, health, or property of Company or any other person or entity. (The foregoing is not intended to obviate or displace any legal obligations or duties applicable to Company.)
Except as necessary for Company to provide the services, information, or products requested by a website user, or except for the disclosures identified in the preceding paragraph, the user may opt out of having his or her personally identifiable information, which has been voluntarily provided to Company through or from its website, prospectively retained by Company , used by Company for secondary purposes, or disclosed by Company to third parties, by contacting Company via postal mail at the address set out below or at the following e-mail address: 11623 Coldwater Rd. Ste 103 Fort Wayne, IN 46845.
While Company may undertake efforts to see that another party to which Company shares personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed by Company, Company exercises no control over such parties and Company is not responsible for their conduct, actions, omissions, or information handling or dissemination practices.
E-mail posted or sent through this website may not be secure against interception by unauthorized individuals. To protect against interception by unauthorized individuals, we will not respond to e-mail requests concerning accounts placed for collection. Therefore, if you are communicating with Company regarding a debt that has been placed for collection with Company., all correspondence regarding that account should be sent by U.S. Postal Service. Be sure to include your name, your mailing address, the Company account number, creditor name, and creditor account number so that we may process your inquiry and respond promptly. Without complete information, we will be unable to respond to your request. The address for mailing inquiries is: 11623 Coldwater Rd. Ste 103 Fort Wayne, IN 46845
Company has implemented physical, electronic, and procedural security safeguards to protect against the unauthorized release of or access to personal information. Additionally, to further safeguard this information, our employees are asked to agree to Company's Standards of Conduct and Work Rules as well as Confidentiality Agreements, and are subject to disciplinary action up to and including termination of employment if they fail to follow signed agreements.
Company may change this Privacy Notice at any time. Notice of any new or revised Privacy Notice, as well as the location of the new or revised statement, will be posted on the website for at least 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Privacy Notice since their last visit. Any change to this Privacy Notice shall be effective as to any website user who has visited the website before the change was made.
IMPORTANT PRIVACY CHOICES FOR CONSUMERS
You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below.
We will collect the IP Address for internal security and other proprietary purposes. We will do so even if you have included a Do Not Track request. We do not release this data outside of our corporate environment nor utilize this data other than for internal purposes.
This Privacy Notice applies to all consumers making payments via this website.
You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and outside companies that we do business with. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services.
Restrict Information Sharing with Companies We Own or Control: Unless you say "No," we may share personal and financial information about you with our affiliated companies.
[ ] NO, please do not share personal and financial information with your affiliated companies.
Restrict Information Sharing with Other Companies We Do Business with to Provide Financial Products and Services: Unless you say "No," we may share personal and financial information about you with outside companies we contract with to provide financial products and services.
[ ] NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services.
TIME SENSITIVE REPLY
You may make your privacy choice(s) at any time. Your choice(s) will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services.
To exercise your choices, do one of the following:
• Call us toll free: 866-969-1683
• Or, you may submit them online at administrator.com (your privacy preferences)
• Or, you may print, complete and send back this form to us at:
Total Recovery Services, Inc.(You may want to make a copy for your records.)
Last name (please print): ________________________________
First name: ___________________________________________
Account number: ______________________________________
Street address: _______________________________________
City: ___________________State: ____________ZIP: _________
Mailing Address (if different than the street address):
City: __________________State: _____________ZIP: _________
Signature: _______________________________Date: _________