BillGO, Inc. Terms and Conditions
EFFECTIVE DATE: NOVEMBER 30, 2016
These Terms and Conditions (“Terms”) govern your use of www.billgo.com (the “Site”) and related products and services, including mobile applications, premium services, or any content or information provided as part of the Site or such related products and services (collectively with the Site, the “Services”), which are owned or operated by BillGO, Inc. (“BillGO”, “we”, “our” or “us”). As used in these Terms, “you” and “your” refer to you individually and the company on behalf of which you are entering into these Terms.
By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us.
1.Your Eligibility; Your Responsibility
BillGO is a service provider that, among other things, helps you make bill payments to third parties. To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age; (ii) are a resident of the United States with a U.S. mailing address; (iii) will use the Services solely for personal use; (iv) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (v) will only maintain one account at any given time; (vi) will only provide accurate information to BillGO; (vii) have the full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vii) will not violate any rights of BillGO or a third party, including intellectual property rights. You assume all responsibility for your use of, and access to, the Services. Accounts are for a single personal user, and any multiple-party use is prohibited. One person may not maintain more than one free account.
2.Third Party Agreements
You acknowledge and agree that this Agreement is between you and BillGO, not with any third party. Your use of the Services may be subject to separate agreements you enter into with your mobile device or computer operating system provider, your mobile device or computer manufacturer, your mobile service carrier, and other parties involved in providing your mobile device or computing service. You agree to comply with all applicable third party terms of agreement when using the Services. BillGO is not a party to those agreements and has no responsibility for the products and services provided by third parties.
3.1Generally. By registering for the Services, you authorize BillGO, in connection with the Services, to debit or credit the deposit account or payment card account that you have provided to BillGO as part of the registration process in connection with BillGO’s provision of the Services. In connection with the registration process, you will be provided with a user account for the Services (“BillGO Account”).3.2Bill Payments. Using our Services, you may pay bills (“Bill Payments” or “Payments”) owed to third parties (“Payee”) that have a verified United States address. BillGO reserves the right to refuse to process any payment. Without limiting the foregoing, payments for alimony, child support, taxes, government fees, or court ordered payments are not always accepted. You can make these payments, but BillGO does not guarantee that it will be accepted or posted in a timely fashion. You must do so at your own risk.Method of Payment. Payments will be sent to the Payee either electronically or by paper check mailed to the Payee via the U.S. Postal Service. If the method of delivery available for a Payee will cause you to incur an additional fee, you will be notified when you schedule the payment, with an option to cancel the payment. However BillGO reserves the right to use a different method.
3.2.1Method of Payment. Payments may be sent to the Payee either electronically or by other means offered or utilized by BillGO from time to time in its sole discretion. If the method of delivery available for a Payee will cause you to incur an additional fee, you will be notified when you schedule the payment, with an option to cancel the payment. However BillGO reserves the right to use a different payment method than the one selected by you.3.2.2Sufficient Funds. If your payment method or payment amount is not sufficient to make the Payments you have authorized, BillGO may either refuse to process the Payment or make the Payment and require you to reimburse BillGO for any such Payment. In either event, you are responsible for any charges that may be imposed. A $25 insufficient funds fee may be charged to you for each Payment you request for which you fail to provide sufficient funds. BillGO reserves the right to refuse to honor payment requests that may reasonably appear to be fraudulent or erroneous.3.2.3Scheduling Payments. When a Payment is scheduled, an estimated delivery date is given based on (a) the method of delivery being used to make the payment, (b) the Payee, and (c) the status of your BillGO Account. However, Payments should be scheduled at least five (5) business days before the business day on which a Payment is due to ensure that BillGO has sufficient time to process the payment. BillGO is not responsible for payment delivery delays caused by the U.S. Postal Service or for payment processing delays after the Payee has received the payment. Any charges imposed as a result of your failure to transmit Payments at least five (5) business days before a payment is due are your responsibility.3.2.4Recurring Payments. The Services may be used to authorize automatic recurring payments of repetitive bills. You may schedule recurring payments to be automatically initiated for a fixed amount on a periodic basis. The day on which the payment is to be sent is referred to as the “Date/Recurrence.” If the payment Date/Recurrence is scheduled for a non-business day, it will be processed on the prior business day.3.2.5Payment Process. Once you authorize a Payment to a Payee, you have no further rights to those funds except as provided in Section 4 below.3.2.6Setoff of Past Due Amounts. If you have amounts that are past due, BillGO may make attempts on your funding source to cover the amounts. If BillGO is unable to recover the funds from your primary funding source, BillGO may attempt to contact you or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.3.2.7Credits. From time to time, BillGO may offer or provide credits, for promotional purposes or any other reason, to certain users that can be used for making Bill Payments. BillGO may, in its sole discretion, automatically apply any credits you have against your next Bill Payment. Credits will expire in accordance with the expiration timing disclosed to you in connection with the provision of the credit (or, if no expiration date is specified, after 90 days) and will no longer be valid following their respective expiration dates. BillGO may revoke or invalidate credits provided to you, in whole or in part, if you violate these Terms. Additionally such credits may be restricted or taxed. You are responsible for all taxes arising out of your receipt of such credit. Additionally, such credits may be void where prohibited or restricted by applicable law.
3.3Payee Account Authorization. In connection with the Services, you may provide BillGO with access to, or information related to (e.g. login credentials), your accounts with Payees in order to facilitate your use, and our provision, of the Services. Accordingly, you expressly authorize BillGO and the Services to access your Payee account and related information at the applicable Payee site on your behalf as your limited agent in order to provide the Services. You further authorize BillGO to make changes to such accounts with Payees on your behalf from time to time as appropriate or necessary to provide you with the Services. Some Payees may employ the use of a captcha or similar technology on their website during the login process, and you hereby expressly authorize us to decode any captcha or similar technology on your behalf. Notwithstanding the foregoing access and rights granted to BillGO, BillGO is not responsible for your compliance with any Payee terms of service or similar contractual obligations. It is your responsibility to ensure your accounts with the Payees remain in compliance with the legal and contractual terms and requirements of the Payees and their sites.
4.Refund and Cancellation Policy
4.1Electronic Payments. You may cancel a Payment to be made electronically up to one (1) business day prior to the scheduled Payment date for a full refund minus transaction and service fees. If you cannot access the online service to cancel the payment, please contact BillGO’s customer service at email@example.com prior to the cutoff time. If a Payment has already been processed or credited to a Payee’s account, you must contact the Payee directly for a refund.4.2Paper Payments. You may cancel a Bill Payment to be made via check until such check has been sent to or processed by Payee. In the event of a valid cancellation, you shall be entitled to a full refund minus transaction and service fees plus a $25 cancellation/stop payment fee, as applicable. The notice must (i) precisely identify the name of the Payee, (ii) the Payee-assigned account number, (iii) Payment amount, and (iv) the date you scheduled the Payment to be processed. The notice must be emailed to customer service at firstname.lastname@example.org. You acknowledge that what constitutes sufficient notice may vary from transaction to transaction. BillGO will not be responsible for failing to act on a cancellation request if you do not give BillGO the correct Payee information or if BillGO does not have a reasonable opportunity to process the cancellation request. You will also hold BillGO harmless if the cancellation is disputed by the Payee for any reason.4.3Conditions. All refund and cancellation requests are subject to the following conditions: (i) refunds will be issued to you in the amount of the original transaction, less applicable transaction and service fees as posted on the website from time to time; and (ii) transaction or service fees, check cancellation/stop payment fees, and insufficient funds fees are non-refundable.
When you send a Payment, the Payee is not required to accept it. You agree that you will not hold BillGO liable for any damages resulting from a Payee’s decision not to accept a Payment made through the service. If a Payee does not accept your Payment within 180 days, BillGO will cancel the Payment. BillGO will return to you any unclaimed, refunded or denied payment after the 180 days.
6.Personal Information; Your Content; Your BillGO Account
7.Personal Use; Limited License; Ownership
Certain of the Services require the use of software and software applications provided to you by BillGO. Subject to the terms and conditions herein, BillGO grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the software portion of the Services through a generally available web browser, mobile device, or BillGO authorized application to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. These rights are personal to you, and you may not resell our Services, permit other users access to our Services through your BillGO Account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of BillGO. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and BillGO. Furthermore, without the prior written approval of BillGO, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized by BillGO is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your BillGO Account, prohibition on use of the Services, and further legal action. The Services provided by BillGO are licensed, not sold. The Services, and all copies of the Services, are owned by BillGO or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. BillGO reserves all rights not expressly granted to you herein. You agree that you have no right to any BillGO trademark or service mark and may not use any such mark in any way unless expressly authorized by BillGO. BillGO reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms and Conditions.
8.Use of Services
Except as otherwise required by law, BillGO is not liable for the loss, corruption, alteration or removal of any Content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold BillGO harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services. BillGO may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your BillGO Account, with or without notice, and you agree that BillGO will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries outside of the United States or where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries. Subject to the surviving provisions of these Terms, you may terminate these Terms by (a) terminating your use of the Services and any related account, and (b) by notifying us at the contact information provided below in the “Contact Us” section.
BillGO may offer the Services through applications built using BillGO’s platform (“Applications”), including any mobile device applications or interactive plugins distributed on third-party websites. If you use an Application or interact with a BillGO plugin on a third-party site, we may receive information about you and your use of the Services. Additionally, by using an Application that relates to or enables your use of the Services, you are accepting the terms of any end user license agreement associated with the Application, in addition to these Terms.
10.Third-Party Content & Websites
11.Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
Acts that may materially and adversely affect the quality of other users’ experience;
Use any payment source you are not authorized to use or engage in a fraudulent transaction;
Manipulate or abuse the credit card or ACH payments process in any way, including, but not limited to, making a payment to create cash from a credit card;
Access BillGO from a country other than the United States;
Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
Introducing malicious programs into BillGO’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
Engaging in any monitoring or interception of data not intended for you without authorization;
Attempting to circumvent authentication or security of any host, network, or account without authorization;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by BillGO in writing;
Using any method, software or program designed to collect identity information, authentication credentials, or other information;
Transmitting, receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, pornographic, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
Transmitting, receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Falsifying user identification information;
Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
Impersonating any person or entity, including, but not limited to, a BillGO representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
BillGO enforces a zero-tolerance SPAM policy regarding information transmitted through our Services. BillGO may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to BillGO or any URL (domain) that is hosted by BillGO.
The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by BillGO.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If BillGO determines that you have posted one or more articles of SPAM, we may cancel your BillGO Account immediately and take steps to prevent you from using our Services at any time thereafter.
12.Copyright Protected Materials
BillGO respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. BillGO has the right, but not the obligation, to remove from the Services any files, material, information, software or other material BillGO believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others. If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: email@example.com. BillGO’s copyright policy is available at www.billgo.com/copyright.
13.Export Control Laws
The Services may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services, you represent and warrant that (i) you are not located in any country, or exporting the Services to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
14.Closing your BillGO Account
As long as there are no pending or in progress transactions, you may close your BillGO Account at any time. You may not close your BillGO Account to avoid any transaction or service fees, cancellation/stop payment fees, or to perpetrate a fraud upon BillGO or any third party. You will remain liable for all obligations related to your BillGO Account even after the account is closed. These Terms will continue to apply after you have closed your BillGO Account. All credits awarded to you that remain unused at the time you close your BillGO Account will automatically expire and be forfeited at the time of such BillGO Account closing.
15.Right to Restrict or Terminate Access
BillGO may refuse to provide Services to you or terminate or suspend your BillGO Account without notice for any reason or no reason in its sole discretion. In the event that the Services or your BillGO Account are terminated or suspended for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. You will remain liable for all obligations related to your BillGO Account even after the account is closed. With respect to any amounts you may owe BillGO, BillGO may attempt to contact you or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law. Upon termination, BillGO may, in its sole discretion, store your Content on its servers for a reasonable period of time, but we do not guarantee that your Content will still be available upon re-activation at a later time. Notwithstanding the foregoing, BillGO reserves the right to delete all of your Content, data, and other information stored on BillGO’s servers. BillGO will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by BillGO pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, BillGO will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts, or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your BillGO Account, or of any Private Documentation, and shall promptly report to BillGO any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your BillGO Account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. BillGO shall not be liable for any unauthorized use of payment accounts. BILLGO IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PRIVATE DOCUMENTATION OR PAYMENT DETAILS WITH THIRD PARTIES, ON SOCIAL MEDIA, OR WITHIN THE SITE OR MOBILE APP, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from your actions or inactions with respect to the security of your Private Documentation and Payment details.
BillGO represents and warrants that it will make commercially reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit and debit card transactions, and check issuances are processed and paid in a timely manner, except that this warranty shall not apply to any failure to complete or delay in processing of any payment if:
Your Payment was rejected or returned, was unpaid due to insufficient funds or credit availability, or was not authorized for any reason;
BillGO’s system was not working properly and you had knowledge of this fact and still used the system;
BillGO’s system was down for scheduled maintenance and repairs;
Payee information was incorrect, whether provided by you or the Payee;
Payee refused or returned the Payment;
BillGO reasonably suspected fraud and refused to process the Payment;
A processing error or delay in the ACH, EFT, or any other processing system occurred; or
A payment that was being sent by US Mail, was lost and/or not delivered;
BillGO reasonably believed that you engaged in any prohibited activities set forth in Section 12 or otherwise breached these Terms.
BillGO shall not be liable for a breach of the limited warranty set forth in this Section 18 unless you give notice of the defective Services, reasonably described, to BillGO within ten (10) days of the time when you discover or ought to have discovered that the Services were defective. Your sole remedy for any breach of the foregoing limited warranty shall be to correct the erroneous transaction and refund any service fees assessed by BillGO. You further agree, to the maximum extent permitted by law, that our liability arising from any breach of the foregoing limited warranty will be limited to actual monetary damages that are the direct result of our failure to exercise reasonable care in providing the Services. Notwithstanding the foregoing, for funds transfers which are subject to Article 4A of the Uniform Commercial Code (“UCC Article 4A”), we are liable only for damages required to be paid under UCC Article 4A.
Except for the limited warranty set forth in Section 19, BillGO makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. The accuracy and timeliness of data received is not guaranteed. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 19, ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BILLGO HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. BILLGO DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BILLGO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, BILLGO’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
19.Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BILLGO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“BILLGO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.A BILLGO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF: (A) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THESE TERMS FOR THE SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING THREE (3) MONTHS; OR (B) THE SUM OF TEN ($10) US DOLLARS.SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE BILLGO PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BILLGO TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 20 AND 21 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You agree to defend, indemnify and hold the BillGO Parties harmless from any claim, demand, liability, damage, or loss (including reasonable attorneys’ fees, court costs, and related fees) made by any third party arising out of or relating to your breach of this Agreement or your use of the Services. BillGO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
21.1Arbitration. Excluding claims for injunctive or other equitable relief and any claims brought by BillGO pursuant to Section 21(2), any claims arising out of, or relating to, or connected with these Terms must be asserted individually by binding arbitration conducted by a single arbitrator with experience in consumer online payment services disputes administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the AAA supplementary procedures for consumer-related disputes. The forum for arbitration shall be the federal district courthouse in Fort Collins, Colorado. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.21.2Jurisdiction; Venue; Governing Law. Notwithstanding Section 21(1) above, BillGO may bring any claim arising out of, or relating to, or connected to these Terms in any court of competent jurisdiction, including any small claims or comparable court. These Terms shall be governed by, and construed in accordance with, the laws of the state of Colorado, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Fort Collins, Colorado. The parties each hereby consent to the jurisdiction and venue in Fort Collins, Colorado and waive any objections to such jurisdiction and venue. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL.21.3Injunctive Relief. Notwithstanding the foregoing, you agree that BillGO shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.21.4Time Limit on Bringing Action. Subject to any applicable law to the contrary, you agree that any cause of action brought by you arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.21.5Attorneys’ Fees; Costs. BillGO shall be entitled to recover any and all attorneys’ fees, court costs, costs of collection, and related costs for any successful claim brought by BillGO.
22.Electronic Notices and Disclosures
You acknowledge and agree that BillGO may provide notices and other disclosures to you electronically by posting such notices or other disclosures on BillGO’s website or by emailing it to you at any email address provided to BillGO by you at registration. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
23.Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as presenting the modified Terms to you upon your next use or access of the Site or Services or by sending you notice of the changes to your e-mail address of record. In addition to or in lieu of you express acceptance of such changed Terms or other policies, your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
These Terms, along with any rules, guidelines, or policies published on the BillGO homepage constitute the entire agreement between BillGO and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by BillGO. Notwithstanding the foregoing, BillGO reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of BillGO. BillGO’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services and your BillGO Account. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that BillGO may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to BillGO, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to BillGO. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. If you are accessing the Services through an Application from the Apple App Store, BillGO and you acknowledge and agree Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Except for the foregoing or as otherwise expressly set forth herein, there shall exist no right of any person, other than you and BillGO, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
If you have any questions, complaints, or claims, you may contact BillGO at:
3003 E Harmony Road, Suite 500
Fort Collins, CO 80528