SERVICE DEFINITIONS
"Service" is the the tools XpressRec.com provides for online registrations. "Agreement" means these Terms and Conditions of the XpressRec account. "Client" is the organization to which you wish to register for through the Service. "We," "us," and "our" refer to the Service. "You" and "your" refer to the individual that is accepting the payment service from the Service. An "Authorized User" is any individual which you allow to use the Service or your password or other means to access your account.
PROFILE INFORMATION
Information included in your Service profile, as identified in the application, including, but not limited to, your email, password, and contact information, is used as part of the Service with participating organizations that offer online registrations. You will be able to use your same profile data (such as email and password) to sign-in to such participating biller direct sites.
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. You are responsible for all registrations you authorize using the Service. 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 registrations they authorize. 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 or use the password reset tool.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within four (4) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your Service account without your permission. If you do not tell us within four (4) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your Service account if you had told us, you could be liable for as much as $500.00. If an organization contains registrations through the Service that you did not authorize, you must tell us at once. If you do not tell us within ninety (90) days after the registration was made, the Service is not liable for anything resulting from that registration (e.g. payments, fees, etc.). Individual circumstances will also be taken into account.
ERRORS AND QUESTIONS
In case of errors or questions about your Service transactions, you should contact us as soon as possible.
PRIVACY POLICY
The Service's policy with respect to use of your information will be in accordance with the XpressRec.com privacy statement that may be viewed at www.xpressrec.com/privacy.
ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended by the Service from time to time. If there are significant changes that affect your interaction with the Service, the Service shall provide notice to you. 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 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.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service you may do so by contacting us.
INFORMATION AUTHORIZATION
You agree that the information you provide to the Service can go through a verification process.
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. The Service is not responsible for any research or resolution of any payment disputes associated with a registration made through the site. 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.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated organization. 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.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE 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.